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Mirlesse, Alice. « Identity on Trial : the Gabrielino Tongva Quest for Federal Recognition ». Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/pomona_theses/90.
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In this paper, the author looks at the impact of the policy of federal recognition on a Los Angeles basin Native community: the Gabrielino Tongva. The first section, the literature review focuses on the difficulties of defining “indigenousness” in the academic and political realms, as well as looking at Native scholars’ conceptualization of this unique and multifaceted identity. After a consideration of the theoretical framework of the study, the crossroads between anthropology and public policy analysis, the author presents the tools she used in her study, namely: participant observation, key-informant interviews, and the analysis of published documents and personal files. The section ends with a review of ethical concerns pertaining to doing research with indigenous people.
The historical section comprises an analysis of archives and published works about the Tongva and the federal recognition process. Starting by a brief report of major policies that have impacted Native American rights in the U.S. and the evolution of government relations with indigenous communities, the author looks at the legacy of the Tongva people in L.A. today, paying special attention to past efforts at obtaining federal recognition and political divides within the tribe. The analysis is structured according to the different levels of recognition that the author perceived through her research. “Capital R”, or federal recognition is explored through its impact on the individual and the group, and followed by an account of current efforts towards community recognition – “lower-case r.” The paper ends on recommendations for future policies and a personal reflection about the research and its results.
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Jiang, Tao. « Identity of Yi in Chinese education system : study on the right to education of Yi in Zhaojue / ». Oslo : Norwegian Centre for Human Rights, Universitetet i Oslo, 2008. http://www.duo.uio.no/publ/jus/2008/77454/jiang_tao_thesis.pdf.
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Lastrapes, Lauren. « Casa Samba : Identity, Authenticity, and Tourism in New Orleans ». ScholarWorks@UNO, 2012. http://scholarworks.uno.edu/td/1456.
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ABSTRACT
Casa Samba is a cultural organization and samba school that has been operating in New Orleans’ performance scene since 1986. The group has been run by an American couple, Curtis and Carol Pierre, since its inception. Their son, Bomani Pierre, has been raised in the Afro-Brazilian drumming and dance practices that Casa Samba teaches and performs. Life histories of the group’s founding family are the basis of this qualitative case study. Using the details of individual lives and the context that these details provide, this dissertation seeks answers to two key questions: How and why does an American couple run a samba school? How does Casa Samba’s presence in New Orleans shape its practices?
As Carol and Curtis described their early lives and young adulthoods, it became apparent that each of them was seeking a way to remake their identities. The terrain for analyzing this search became personal authenticity, and I examine how each of the adult Pierres is on a quest for personal authenticity that begins early in their lives and continues through their creation and maintenance of Casa Samba. But the sense of personal authenticity that underwrites the Pierres’ construction of Casa Samba comes into contact with another form of authenticity, one that is external, evaluative, and also the root of New Orleans’ tourism economy. Thus, further questions arose regarding Casa Samba’s location in New Orleans and its cultural landscape. How does the tourist industry shape what is “authentic”? How is Casa Samba an “authentic” New Orleans cultural organization? In what ways is it an “authentic” representative of Brazilian carnival?
In the end, authenticity may be too narrow a concept from which to understand the totality of who the Pierre family is and what Casa Samba is. For this reason, this research examines Casa Samba as a utopian project, a site of cultural belonging, and an Afrocentric venture. I propose that Curtis and Carol Pierre have drawn on their knowledge of what is valuable, meaningful, and important—that is, authentic—to produce a cultural organization that reflects their sensibilities to the fullest extent possible.
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Sadikovic, Dzeneta. « Rights Claims Through Music - A Study on Collective Identity and Social Movements ». Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21909.
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This study is an analysis of musical lyrics which express oppression and discrimination of the African American community and encourage potential action for individuals to make a claim on their rights. This analysis will be done methodologically as a content analysis. Song texts are examined in the context of oppression and discrimination and how they relate to social movements. This study will examine different social movements occurring during a timeline stretching from the era of slavery to present day, and how music gives frame to collective identities as well as potential action. The material consisting of song lyrics will be theoretically approached from different sociological and musicological perspectives. This study aims to examine what interpretative frame for social change is offered by music. Conclusively, this study will show that music functions as an informative tool which can spread awareness and encourage people to pressure authorities and make a claim on their Human Rights.
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Borges, Rúbia Aparecida Cidade. « Nem só de mapas se faz a geografia : os diferentes nas aulas de GEO ». reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2017. http://hdl.handle.net/10183/164639.
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Esse estudo tem por objetivo problematizar a discussão sobre Direitos Humanos e temas relacionados, nas aulas de Geografia, de forma a mobilizar os ditos dos estudantes sobre o assunto, mapeando o entendimento desses/as alunos/as através de atividades propostas nas aulas, colocando as "diferenças" em movimento. Dessa forma, discutem-se alternativas às práticas homogeneizadoras das aulas de Geografia, celebrando a "diferença" e desnaturalizando discursos sobre as minorias e/ou os socialmente desfavorecidos, contribuindo para superar a subjetividade contrária à promoção dos Direitos Humanos e oportunizando a desconstrução de estereótipos presentes no "senso comum". Para tal, optou-se por trabalhar com alunos de 9.º ano de escola pública municipal de Porto Alegre, em área periférica e pobre da cidade, a partir dos pressupostos dos Direitos Humanos e de quatro marcadores de diferença: mulheres, público LGBT, negros e refugiados. Os ditos dos alunos sobre esses grupos, nessa escrita chamados de diferentes, foram coletados através de atividades de geografia, que oportunizaram a escrita sobre essas identidades/marcadores de diferença e foram analisados, nesse trabalho, com o apoio da bibliografia selecionada. Para dar conta dos objetivos desse trabalho, dentre outros autores, utilizou-se dos escritos de Stuart Hall, no que diz respeito à diferença e identidade, de Marlucy Paraíso, para apoiar as escolhas metodológicas dessa pesquisa e Vera Candau e Maria Benevides para embasar a discussão sobre a Educação em Direitos Humanos .Além deles, outros autores foram incorporados, na medida em que se estabelecerem os diálogos entre os ditos dos/as alunos e o referencial teórico, de forma a contemplar questões específicas sobre os "diferentes" e a Educação em Direitos Humanos. Além deles, outros autores foram incorporados, na medida em que se estabelecerem os diálogos entre os ditos dos/as alunos e o referencial teórico, de forma a contemplar questões específicas sobre os "diferentes" e a Educação em Direitos Humanos. Já a Geografia e a Geografia Escolar foram debatidos através de Ivaine Tonini, Doreen Massey, Nestor Kaercher e Lana Cavalcanti, principalmente.This study aims to problematize the discussion on Human Rights and related topics in Geography classes, in order to mobilize the students 'sayings about the subject, mapping the students' understanding through activities proposed in the classes, placing the "Differences" in motion. In this way, alternatives to the homogenizing practices of the Geography classes are discussed, celebrating the "difference" and denaturalizing discourses about the minorities and / or the socially disadvantaged, contributing to overcome the subjectivity contrary to the promotion of Human Rights and opportunizing the deconstruction of stereotypes Present in "common sense". In order to do so, it was decided to work with students of the 9th year of municipal public school in Porto Alegre, in the peripheral and poor area of the city, based on human rights presuppositions and four markers of difference: women, LGBT public, Blacks and refugees. The students' sayings about these groups, in this writing called different ones, were collected through geography activities, which gave the opportunity to write about these identities / markers of difference and were analyzed in this work, with the support of the selected bibliography. In order to give an account of the objectives of this work, among other authors, the writings of Stuart Hall, regarding the difference and identity, of Marlucy Paraíso, were used to support the methodological choices of this research and Vera Candau and Maria Benevides to support the In addition to them, other authors were incorporated, insofar as the dialogues between the students' sayings and the theoretical framework were established, in order to contemplate specific questions about the "different" and the Education In Human Rights. Geography and School Geography were discussed through Ivaine Tonini, Doreen Massey, Nestor Kaercher and Lana Cavalcanti, mainly.
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Metcalfe, Eric William. « Are cultural rights human rights ? : a cosmopolitan conception of cultural rights ». Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:c2002d1f-98de-4131-a758-58a8bb84d85d.
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The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory of justice in multicultural societies. In this thesis I examine the idea of special cultural rights. In the first part (Chapters 1 to 4), I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: (1) that having culture is an essential part of individual autonomy; (2) that people have morally significant interests qua members of particular cultures; and (3) that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that (1) is correct, I argue that both (2) and (3) are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part (Chapters 5 to 9), I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights.
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Mehadji, Meriem. « Les politiques culturelles et le processus de développement dans le monde arabe : analyse d’une série d’indicateurs ». Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D005/document.
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En 2010, le bilan sur les objectifs du millénaire pour le développement (OMD) a révélé que l’ensemble des pays ainsi que les différents acteurs impliqués dans ce processus devaient redoubler leurs efforts afin de mettre en place des projets adaptés à la nature des diverses sociétés. À cet effet, la question de la « culture » s’est imposée comme un facteur évident et inhérent à l’accomplissement de ces objectifs. C’est dans ce cadre que se pose notre problématique de recherche à travers une zone géostratégique qui subit de grands bouleversements au niveau politique, économique et social. De cette manière, la culture peut-elle constituer un élément de base dans les programmes de développement entrepris dans les États arabes ? Cette présente thèse s’achemine à travers trois principales étapes. D’abord l’intégration de la culture dans ce processus en tant que secteur à part entière. Ensuite, les moyens et les méthodes utilisés par les différents acteurs engagés et concernés par le domaine de la culture dans les pays arabes. Enfin, les indicateurs spécifiques à la région à travers lesquels apparaissent les limites, mais également le potentiel des États arabes. Pour finir, cette démarche fait office de défrichement, car le développement à travers le secteur culturel reste peu exploité dans le monde arabe. Toutefois, les changements qui s’opèrent depuis quelques années dans la région peuvent conduire à une véritable reconsidération du secteur culturel et de sa relation avec le processus de développementIn 2010, the appraisal of the Millennium Development Goals (MDGs) indicated that all the countries and the different actors involved in this process should underlay their efforts to implement projects adapted to the nature of the various societies. To this end, the issue of "culture" has emerged as an obvious and inherent factor in achieving these goals.Our research issue raises in this context through a geostrategic area which undergoes great changes in the political, economic and social level. Thus, can the culture constitute a basic element in the development programs undertaken in the Arab States? The present thesis is developed through three main stages. First, the integration of culture in this process as a real sector. Then, the means and methods used by the different actors involved and concerned with the field of culture in the Arab countries. Finally, specific indicators related to the region which could show the limits, but also the potential of Arab States.This approach acts as clearing, insofar as the development through cultural sector remains largely untapped in the Arab world. However, the changes occurring in recent years in the region can lead to a genuine reconsideration of the cultural sector and its relationship with the development process
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Bajor, William J. « Discussing 'human rights' : an anthropological exposition on 'human rights' discourse ». Thesis, University of St Andrews, 1997. http://hdl.handle.net/10023/15382.
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This thesis examines how the displaced Sudanese in Egypt, Kenya, and the United Kingdom discuss the topic of "Human Rights". Whereas many studies on "Human Rights" are primarily concerned with the opinions of outsiders, an attempt is made here to provide an alternative perspective in that the focus of this dissertation is on how the displaced Sudanese, themselves, discuss "Human Rights" in view of their situation as exiles. The thesis begins by tracing the historical evolution of the 'Western' concept of "Human Rights" and investigating the historical relationship between Anthropology and "Human Rights". Attention is paid to the role of the doctrine of "cultural relativism" in the discipline of Anthropology. After briefly looking at Sudan's geographical and social makeup, I explain the difficulties I encountered as an independent scholar conducting research on "Human Rights" and Sudan. This is followed by descriptions of the fieldwork locations. What comes next is the heart and soul of the thesis. After giving brief descriptions of the interviewees, 1 analyse how the interviews were conducted and explain how the issue of "Politics" dominated practically every discussion with the interviewees. Next, excerpts from nineteen interviews are presented for the reader to get acquainted with the conversations between the Interviewees and myself. Finally, an examination is made of how "Human Rights" is employed as a manipulative device (or tool) by the interviewees. This is essentially the crux of the study. The chief aim of the thesis is to present various ways the notion of "Human Rights" can be (and is) interpreted and utilised by the displaced Sudanese in the context of their own circumstances as exiles.
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Friman, Josefine. « LGBT-rights : sexual orientation, gender identity and the human rights ». Thesis, Stockholms universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-109324.
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El, Obaid El Obaid Ahmed. « Human rights and cultural diversity in Islamic Africa ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ30434.pdf.
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El, Obaid El Obaid Ahmed. « Human rights and cultural diversity in Islamic Africa ». Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34495.
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This thesis establishes a framework for analysing and evaluating human rights within the contexts of global, African-Islamic and Sudanese cultural diversity. The normative impact of culture on international human rights is viewed from the perspective that culture is adaptive and flexible. African-lslamic culture, as exemplified by the Sudan, is no exception.The first part of this thesis advances a theoretical framework for recognition of cultural diversity and its impact on human rights. Recognition of change as an integral part of culture is vital for a successful mobilisation of internal cultural norms to the support of international human rights. An important conclusion is that ruling elites and those engaged in human rights violations have no valid claim of cultural legitimacy.
The second part of the thesis examines the notion of human rights in traditional Africa and under Shari'a with a specific focus on conceptions of the individual, the nation-state and international law. It is argued that the African-Islamic context is an amalgam of both communitarianism and individualism; further, that the corrupt and oppressive nature of the nation-state in Islamic Africa demands an effective implementation of human rights as set out in the African Charter on Human and Peoples' Rights.
It is suggested in the third part of the thesis that three of the rights included in the African Charter are paramount to effective human rights protection in Islamic Africa: the right to self-determination, the right to freedom of expression and the right to participate in public life. These rights are examined within the Sudanese context in order to provide a more concrete illustration of their potential implementation. The dynamics of Sudanese culture are explored to exemplify a culturally responsive implementation of these rights.
This thesis contributes to the debate on the role of culture in enhancing the binding force of human rights and fundamental freedoms. It aims to inspire pragmatic discussion on the need for effective protection of human rights in order to alleviate the suffering of millions of Africans under existing ruthless and shameless regimes.
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Seiferheld, Stacy. « [Exploration of human rights theory universalism versus cultural relativism / ». Diss., Connect to the thesis, 2002. http://hdl.handle.net/10066/1237.
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McGrogan, David. « Cultural values and human rights : a matter of interpretation ». Thesis, University of Liverpool, 2012. http://livrepository.liverpool.ac.uk/11073/.
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This thesis addresses a neglect of legal analysis in the scholarship on cultural relativism, international human rights law, and Asian values. While a wealth of scholarship exists on cultural relativism as a philosophical or political question, and while the cultural rights of members of minority groups are often addressed from a legal perspective in the context of the European Court of Human Rights, the interaction between broader cultural values – those operant at the societal level – and human rights standards has not been adequately analysed as a question of law. Chapter I provides an overview of the debates on cultural relativism to detail how questions of law have been neglected, and how they would complement the existing scholarship if fully addressed. It concludes there is a need to examine how far international human rights law permits cultural values to affect the manner and extent of implementation as an empirical issue. Chapter II makes it clear that the core question is one of interpretation – i.e., in seeking to establish whether cultural values are permitted to affect implementation of human rights norms in any fashion, this hinges on how the terms of international human rights treaties are interpreted so as to permit it, or not. Chapter III then takes this principle and sets out what the accepted rules of treaty interpretation are, and how international human rights treaty terms in particular are to be interpreted in light of their unique character. This leads us to what is sometimes argued to be the legal basis for the programmatic interpretation of human rights treaties: Article 31(3)(b) of the Vienna Convention on the Law of Treaties, or subsequent practice establishing the agreement of the parties on a given interpretation. We postulate that the interpretations given by the United Nations human rights treaty bodies are potentially constitutive of subsequent practice under the Vienna Convention, and, if so, we argue that this would be the most appropriate focal point for answering our core question. The rules guiding the use and formation of subsequent practice, however, are not clear. Chapter IV examines what guidelines have been developed in other contexts; in particular, this involves surveying the jurisprudence of the International Court of Justice and the World Trade Organization’s Dispute Settlement Procedure, and drawing some inferences from that jurisprudence to arrive at a method for assessing the development of subsequent practice in international human rights law. Using this pattern of analysis, Chapter V then illustrates how it can be applied by using a case study – the interpretive practice of the Committee for the Elimination of Discrimination Against Women regarding Singapore, Malaysia, and Indonesia – and draws preliminary conclusions to demonstrate how this mode of analysis addresses the gap in the scholarship.
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Shane, Rebecca Ilana. « The Importance of Cultural Identity to Liberal Democracy ». Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2264.
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The challenge facing liberal theories of democracy is to describe an organization of state that both legitimates state power and protects individual liberty. In Democratic Rights: The Substance of Self-Government, Corey Brettschneider develops the value theory of democracy that resolves this tension. By locating the democratic ideal in a set of core values with both procedural and substantive implications, the value theory legitimates state coercion only when it protects citizens’ rights. While the value theory guarantees both substantive and procedural rights, this thesis will show that Brettschneider fails to account for the necessity of a secure cultural context, without which members of a minority culture may not be able to enjoy the core values as Brettschneider intends. Yet, the value theory of democracy can maintain a commitment to equality and autonomy when amended to have specific ethnic and cultural identity protections. Ultimately, this thesis will argue that the amended value theory provides a framework for citizens to both evaluate laws and correct injustices based on whether or not the policies uphold the core values.
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Tessari, Giulia <1991>. « Linguistic rights for the protection of cultural identity in International Law ». Master's Degree Thesis, Università Ca' Foscari Venezia, 2016. http://hdl.handle.net/10579/7964.
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L'identità di ciascuna persona, così come quella di ciascun popolo è costituita dalla cultura e dalla lingua. Per questo motivo, il diritto di possedere un'identità culturale, ovvero di sentirsi parte di una specifica comunità culturale e quello di avere accesso alla vita culturale che tale comunità offre, fanno parte di quella categoria di diritti umani che va sotto la denominazione di diritti culturali. Dal canto suo, essendo la lingua una delle principali manifestazioni della cultura, espressione del patrimonio e dell'identità culturale di un popolo, i diritti linguistici possono essere considerati una categoria racchiusa nella categoria dei sopradetti diritti culturali. Ci si trova dunque di fronte ad una rappresentazione a tre cerchi concentrici dove il cerchio più esterno coincide con i diritti umani, il secondo cerchio corrisponde ai diritti culturali, all'interno del quale si trova il cerchio più piccolo dei diritti linguistici.Il presente lavoro evidenzia che tanto i diritti culturali quanto quelli linguistici sono stati per molto tempo trascurati dal quadro giuridico internazionale, infatti le due Dichiarazioni ad essi relative sono state elaborate solo recentemente. Dato che i diritti linguistici vengono negati perlopiù ai gruppi minoritari, tali diritti coincidono quasi sempre con i diritti delle minoranze. Il rispetto per i diritti e la diversità linguistica è necessario affinché vi sia una coesistenza pacifica tra persone di culture diverse.
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JUNIOR, LUIZ ARTUR COSTA DO VALLE. « CONSTRUCTING THE LGBTI SUBJECT OF RIGHTS : SUBJECTIVITY, POLITICS AND IDENTITY IN HUMAN RIGHTS DISCOURSE ». PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2018. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=33582@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCONSELHO NACIONAL DE DESENVOLVIMENTO CIENTÍFICO E TECNOLÓGICO
FUNDAÇÃO DE APOIO À PESQUISA DO ESTADO DO RIO DE JANEIRO
BOLSA NOTA 10
Esta dissertação explora as formas modais de subjetividade que são atribuídas a pessoas LGBTI no discurso dos direitos humanos internacionais. Levam-se em consideração 8 vereditos do Comitê de Direitos Humanos, responsável pelo monitoramento do Pacto Internacional sobre Direitos Civis e Políticos, oferecendo-se uma leitura desconstrutiva dos mecanismos que participam da articulação dos sujeitos homossexuais e transgênero aí presentes. Sugere-se que as três representações encontradas, o homossexual legítimo, o ativista gay e o gay fora-da-lei podem ser entendidos como uma tentativa de despolitizar sexualidades desviantes, recobrindo-as sob arranjos normativos neoliberais e heterossexistas. À luz deste argumento, propõe-se uma leitura psicanalítica queer sobre a constituição subjetiva e corporal do sujeito, enfatizando as obras de Jacques Lacan, Judith Butler e Jacques Derrida. Ressaltando a contingência e a violência inerentes à organização libidinal, abre-se o caminho para uma compreensão radical da co-implicação da subjetividade e da comunidade política. Sob a égida dessa co-implicação, apresenta-se a noção de política de Jacques Rancière, revisando-a em relação ao conceito lacaniano do sinthome, de forma a propor um engajamento político-estético respaldado na quase-substãncia do sinthome, entendido como uma escrita contínua e contingente da intersecção entre o simbólico, o real e o imaginário.
The dissertation explores the specific forms of subjectivity that are attributed to LGBTI individuals in international human rights law. It takes into consideration 8 rulings by the Human Rights Committee, the UN body charged with monitoring the International Covenant on Civil and Political Rights, and advances a deconstructive reading of the specific articulation of homosexual and transgender subjects contained in them. It suggests that the three representations found, the legitimate gay, the gay activist and the gay outlaw can be understood as an attempt to depoliticize deviant sexualities, subsuming them under neoliberal, heterosexist hegemonic normative arrangements. In view of this argument, it proposes a queer psychoanalytic reading of subjective and bodily constitutions, emphasizing Jacques Lacan s, Judith Butler s and Jacques Derrida s works. In highlighting the contingency and violence inherent to libidinal organization, it paves the way to a radical understanding of the co-implication of subjectivity and community. In light of this co-implication, Jacques Rancière s notion of politics is presented and reworked in light of Lacan s concept of Sinthome, in a way that appears to allow for an aesthetic political engagement based on the quasi-substance of the Sinthome as a contingent, continuous grafting of Lacan s three metaphysical orders, the real, the imaginary and the symbolic.
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Hausséguy, Nicolas. « Re-Constructing Identity. Mexico's International Human Rights Policy, 1988-2005 ». Thesis, Université Laval, 2006. http://www.theses.ulaval.ca/2006/23748/23748.pdf.
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Hausséguy, Nicolas Paul. « Re-constructing identity : Mexico's International Human Rights Policy, 1988-2005 ». Master's thesis, Université Laval, 2006. http://hdl.handle.net/20.500.11794/18260.
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Ingiyimbere, Fidèle. « Domesticating Human Rights : A Reappraisal of their Cultural-Political Critiques and their Imperialistic Use ». Thesis, Boston College, 2016. http://hdl.handle.net/2345/bc-ir:106875.
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Thesis advisor: David M. RasmussenFollowing the idea that human rights are anchored in many cultures and find their support in many traditions, the contemporary human rights corpus is a fruit of a long history whose roots can be traced back to different societies in addressing the universal questions of injustice. If one adopts such a historical evolution of human rights, their universality might be affirmed on the assumption that they are coexistent to every human society. This view is, however, challenged by scholars who claim that the current human rights regime does not owe anything to other cultures, since they are essentially Western. The consequence of such an understanding touches the heart of the human rights’ perennial question concerning their universality, and it is the source of the Third World’s critiques. Indeed, if conceptually, culturally and historically, human rights are Western, how do they become universal? This question was first raised by the American Anthropological Association in its now well-known 1947 statement, even before the existing human rights instruments were framed. Today, it has been taken up by some Third World critics. For them, human right movement is an imperialistic swirl of Western liberalism upon other societies under the banner of United States of America that has replaced the former European imperialistic powers such as France and United Kingdom. According to these critics, there is no other area where human rights are imperialistically used by the West than in the so-called humanitarian intervention. Usually evoked as an urgent need to protect human rights, humanitarian intervention is seen as another name for the neo-colonialism in the Third World, as it is carried out by Western Powers against states in the Third World. Two challenges arise from these views. On the one hand, because of their Western origin, human rights are decried as Western and, therefore, they should not be imposed on other cultures. On the other hand, their imperialistic use by the West is an acute difficulty stemming from the global political context after the fall of Communism as a competing ideology with liberalism in 1990s. These challenges affect the theoretical justification as well as the implementation of human rights. For, according to the critics, human rights are purposely framed in liberal terms because they have to pursue and advance the Western project of conquering the whole world. Therefore, they claim, the actual spread of Western liberalism under human rights label is neither incidental nor accidental; it is a continuation of the Western imperialism which started long ago with economic exploitation, slavery and colonization of the rest of the world. Human rights is only a neutral term to translate the same reality. To those who reply that the contemporary human rights regime, starting with Universal Declaration of Human Rights, is a fruit of an international group with a diverse background, the critics respond that all of them were trained in the Western culture. And if one presents the role of the local human rights activists in the non-Western world, the critics consider them as Western mercenaries in local colors. That is why, while it springs from the cultural critique, the imperialistic challenge to human rights is a serious one because it attacks the human rights regime in its purpose and in its practice. It does not reject human rights only because they are extrinsic to the non-Western culture –cultural relativism—; rather, human rights are rejected because they are channels of oppression and exploitation as was and has always been the Western imperialism. The question now is: what do human rights become in this case? Is it possible to rescue them from both the cultural critics and imperialistic crusaders? Such a project would aim at maintaining and affirming their historicity as Western, yet showing that they are open to the possibility of being practiced in other cultures and other contexts. That it is the goal of this dissertation whose thesis is that, by domesticating human rights we retrieve the purpose of human rights of protecting and enhancing human dignity and, at the same time, it becomes possible to satisfactorily address the cultural and imperialistic challenges. Indeed, instead of thinking that people adopt and use human rights discourse because they like their individualistic side, the domestication of human rights pays attention to the process through which human rights as moral norms are incorporated in local cultures. Relying on the anthropological works that focus on the way human rights norms are integrated in different cultural contexts, this project endeavors to build a normative account of human rights based on these local practices. Philosophically speaking, domestication of human rights takes up Beitz’s insight of human rights as an emerging practice, and brings it to the beneficiaries of human rights purpose, instead of remaining at the legal level where only states are accepted as credible interlocutors, while they are the most suspected violators of human rights
Thesis (PhD) — Boston College, 2016
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Philosophy
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Raible, Lea Alexa. « Human rights unbound : a theory of extraterritorial human rights obligations with special reference to the International Covenant on Economic, Social and Cultural Rights ». Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10041896/.
Texte intégralRésumé :
This thesis advances four main arguments aimed at fundamentally changing the way we think about extraterritorial human rights obligations. First, I argue that the questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, I seek to show that human rights as found in international human rights law, including the International Covenant on Economic, Social and Cultural Rights, are underpinned by the values of integrity and equality. Third, I argue that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over said individuals. And fourth, I show that title to territory is best captured by the value of stability, as opposed to integrity and equality. Because of this, models of jurisdiction that incorporate a close relationship with title to territory cannot be successful. The consequence of these arguments is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights law that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on my account, this threshold is not a conceptual necessity but a normative one. It is the relevant threshold not only for practical reasons, but because it justifies the allocation of human rights obligations.
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Myint, San San. « Are human rights universally understood ? : the notion of human rights in three Southeast Asian nations ». Thesis, Queensland University of Technology, 1999.
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McNeilly, Kathryn. « The universality of human rights in (cultural) translation : subjectivity, performativity, livability / ». Thesis, Queen's University Belfast, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.675434.
Texte intégralRésumé :
The universality of human rights has been a fiercely contested issue throughout the twentieth century and into the twenty-first. This thesis critically engages with the universality of human rights, not as a static characteristic or attribute of rights, but as an ongoing process using Judith Butler's concept of cultural translation. A practice through which universal concepts are dialectically worked and reworked by entering into dialogue with competing assertions of themselves, cultural translation is explored as a productive way in which rights politics can be read and consciously engaged in by radical political groups, feminist groups in particular, to work human rights beyond their current liberal conceptualisations. In this investigation Butler's ontological tools of performativity and livability are also engaged to consider the way in which the universalisation of human rights interacts with discourses of gender subjectivity and, crucially, may offer opportunities to open up wider possibilities for gendered life. The culmination of this thesis, paying attention to the links between the work of Butler and that of Ernesto Laclau and Chantal Mouffe, advances the model of cultural translation as a potential centrepiece in a contemporary . radical democratic theory and practice of human rights. Exploration of the possibilities of cultural translation in this way is carried out via two case studies considering the universal human rights concepts of "non-discrimination", thought in relation to gendered violence, and "life", thought in relation to the politics of abortion, as they translate from the international to the local level, annotating investigation at the latter level with insights from rights politics in the context of Northern Ireland.
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Driver, Sahar DeAnne. « Decolonizing human rights| The challenges of ensuring the dignity and freedom of Iranians through a human rights framework ». Thesis, California Institute of Integral Studies, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3643099.
Texte intégralRésumé :
The human rights industry today generates and organizes knowledge about the Islamic Republic of Iran and Iranians. The cultural archive it produces has been used to advance the global North's geopolitical interests and the accumulation of capital and power that leads to human rights abuses in the first place. Use of the human rights framework as a political strategy among Iranian–Americans and other allies acting from across geographic, political, economic, religious and other boundaries is therefore risky. The dangers it introduces should be examined alongside its tactical uses.
This dissertation presents a close analysis of certain observables that make visible "human rights" discourse or activity related to the Islamic Republic of Iran today. It presents an examination of a series of texts that give "human rights" its shape: from academic and journalistic accounts to online data aggregators, film, social media, and related policies. It traces its use by competing actors: from activists and politicians to business leaders and academics. In so doing, the dissertation reveals important political, emotional, intellectual, and socio-economic contestations that arise through use of the human rights framework.
The dissertation sheds light on the motivations and methods of entities that take up the human rights framework as a political strategy. It narrates the relations between observables, revealing the architecture of a human rights "industry" that consumes and produces knowledge about Iranians and the Islamic Republic of Iran. In so doing, this dissertation reveals the vulnerability of the human rights discourse and activities to other projects and finds that the human rights industry motors a form of (neo)Orientalism that should be interrupted if the network of actors around the world that are set up to address violations of "human rights" are to be effective at helping to maintain or uphold the dignity and freedom of Iranians in a sustainable way.
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Ledbetter, Jr Clyde Ledbetter. « THE PROMOTION OF THE AFRICAN HUMAN AND PEOPLES' RIGHTS SYSTEM IN THE GAMBIA, A CROSS CULTURAL & ; AFRICOLOGICAL ANALYSIS ». Diss., Temple University Libraries, 2013. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/216592.
Texte intégralRésumé :
African American StudiesPh.D.
Primarily, this study seeks to examine the means and effectiveness of the African Commission on Human and Peoples' Rights, African human and Peoples' rights organizations, and the government of the Gambia in their efforts to propagate the institutions and legal instruments of the African Human and Peoples' Rights System (AHPRS) in general and the rights and duties of the African Charter on Human and Peoples' Rights in the country of The Gambia in particular since the Charter came into force in 1986. The work explores the history of the AHPRS from ancient conceptions of rights and duties within Classical Africa to its formal establishment in the 1980s and 1990s with emphasis placed on the particular political and social history of The Gambia. Further, the work presents and analyzes the work of three African human rights organizations operating within The Gambia and offers an Afrocentric critique of the promotion of the African Human and Peoples' Rights System.
Temple University--Theses
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Reed, Milan. « The Human Color : Rooting Black Ideology in Human Rights, a Historical Analysis of a Political Identity ». Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/103.
Texte intégralRésumé :
In the 20th century the relationship between African-Americans and Africa grew into a prominent subject in the lives and perspectives of people who claim Africanheritage because almost every facet of American life distinguished people based on skin color. The prevailing discourse of the day said that the way a person looked was deeply to who they were.1 People with dark skin were associated with Africa, and the notion of this connection has survived to this day. Scholars such as Molefi Kete Asante point to cultural retentions as evidence of the enduring connection between African-Americans and Africa, while any person could look to the shade of their skin as an indication of their African origins. In either case, something seems to always hearken back to Africa. However, in this modern world there is a gap between Africans and African Americans: African-Americans have achieved some great milestones in terms of liberty and equality, while many people living on the African continent still suffer poverty, political disenfranchisement, and precluded liberties. African-Americans have made great strides in dealing with these problems at home, but it is clear that they are on the whole better off than their African counterparts. The lectures and writings of W.E.B. Dubois, Malcolm X, and Kwame Nkrumah reveal that the linkages between African-Americans and Africans are political in nature and therefore do not rest solely on connections of culture or color, but on the shared struggle to achieve the unalienable rights guaranteed to all people.
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Ciola, Ann M. « Identity and community solidarity counter-spectacle, power, and resistance in the mass funeral of the "Guguletu Seven," March 15, 1986 / ». Diss., Online access via UMI:, 2006.
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Sweeney, James Anthony. « Margins of appreciation, cultural relativity and the European Court of Human Rights ». Thesis, University of Hull, 2003. http://hydra.hull.ac.uk/resources/hull:3557.
Texte intégralRésumé :
This thesis is about establishing a balance between universal human rights and particular cultures or local conditions. It examines the universality debate with reference to the "margin of appreciation" in the jurisprudence of the European Court of Human Rights, in particular from the end of the Cold Wax when new Contracting Parties from central and eastern Europe came under the Court's jurisdiction.The thesis considers that analysis of these issues must not be parochial. In Part One the universality debate in international human rights law is therefore examined in detail. It is argued that universal human rights do not require absolute uniformity in their protection - even universal human rights are necessarily and defensibly qualified. In order to link the margin of appreciation to this universality debate its evolution, operation and the factors which underpin it are also clarified in Part Two. It is demonstrated that the margin of appreciation has evolved from a concession to states into a methodology for demanding ever greater justifications for their limitations upon human rights. In doing so the margin permitted accords with the defensible level of local qualification to human rights already identified.Part Three tests these conclusions against original analysis of recent case law, showing that the Court has been responsive to the differing needs of the new Contracting Parties. The Court had evolved a coherent and defensible approach to cases that have raised complex localised issues, and has maintained this even since its jurisdiction expanded. Whilst allowing modulation of European human rights protection according to local characteristics, use of the margin of appreciation does not amount to cultural relativism even in the expanded Council of Europe.
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Madamombe, Patience Ratidzo. « Protecting the identity and other rights of children born in 'foreign lands' to irregular migrant parents ». Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15205.
Texte intégralRésumé :
Children born in foreign territories to parents who are non-nationals are being deprived of the right to nationality, which in turn affects them from exercising other rights which are articulated in human rights instruments. When their births are not registered it means that they do not have birth certificates and in future they will be unable to acquire documents like identity documents and passports. Sometimes even if their births are registered, it is difficult for them to enjoy the other rights because national laws do not accommodate them. Even though all children's rights should be equally protected, this research will focus on children born to at least one parent who is an irregular migrant, and will analyse how this affects their access to the rights to education and health.
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Etinson, Adam. « Human rights and the problem of ethnocentrism ». Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:c1a851e2-cca5-4ccc-9c62-97d0ead23392.
Texte intégralRésumé :
Despite its prominence as a pejorative term in moral and political philosophy, the phenomenon of ethnocentrism has escaped the focused attention of moral and political philosophers. Little sustained effort has been devoted to its in-depth analysis. This thesis attempts to fill in that gap in the philosophical literature, with a particular focus on the analysis of ethnocentrism as a problem, or rather a set of problems, facing the theory and practice of human rights. The thesis begins by drawing a core distinction between ethnocentrism as a moral phenomenon (i.e., a form of moral partiality), on the one hand, and as an epistemological phenomenon (i.e., a mode of judgment), on the other. After singling out the epistemological aspect of ethnocentrism as its main focus, the thesis argues for four interlocking claims. The first claim is that ethnocentrism represents an unwarranted mode of judgment, and thus an epistemic hazard that ought to be avoided if at all possible (Chapter One, §3). This claim is defended at length against the version of political constructivism advanced by John Rawls, which, by grounding political argument exclusively in ideas and values embedded in a common public culture, implicitly justifies a form of ethnocentrism (Chapter Two). The second claim is that moral argument cannot avoid ethnocentrism by grounding itself, as some have thought, in judgments upon which there is broad moral consensus, or rather by avoiding any appeal to judgments that are the subject of marked dissensus (Chapter Three and Chapter Four). Thirdly, the thesis argues that ethnocentrism is, if avoidable, only so to a limited extent (Chapter Six, §2). And fourthly, it offers an outline of how this limited form of avoidance might work (Chapter Five and Chapter Six, §3).
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Shyllon, Ololade Olakitan. « The right to the return of African cultural heritage : a human rights perspective ». Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5846.
Texte intégralRésumé :
This research focuses on how many African cultural objects found their way to Western museums or private collections. Therefore the author examines to what extent African states have succeeded in their quest for the return of their cultural
objects and what the inadequacies in the current international legal regime for the return of cultural objects are. Can the return of African cultural objects properly be identified as a human right issue and will such identification present better chances for their return?
Also look at how existing international human rights mechanisms are applied in the quest for the return of African cultural objects. Focuses on the specific African countries of Nigeria and Ethiopia in respect of their efforts towards the return of their tangible and moveable cultural heritage.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Andreas Eshete of the Faculty of Law, University of Addis Ababa, Ethiopia.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Tseng, Yi-Ling. « Alliance, Activism, and Identity Politics in the Indigenous Land Rights Movement in Taiwan ». University of Cincinnati / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1512045095941709.
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Tooze, Jennifer A. « Identification and enforcement of social security and social assistance guarantees under the International Covenant on Economic, Social and Cultural Rights ». Thesis, University of Nottingham, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.246933.
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Walker, Scott. « Does Cultural Heterogeneity Lead to Lower Levels of Regime Respect for Basic Human Rights ? » Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3303/.
Texte intégralRésumé :
This dissertation is a cross-national investigation of the relationship between cultural heterogeneity and regimes' respect for basic human rights. The quantitative human rights literature has not yet addressed the question of whether high levels of cultural diversity are beneficial or harmful. My research addresses this gap. I address the debate between those who argue that diversity is negatively related to basic human rights protection and those who argue it is likely to improve respect for these rights. Ultimately, I propose that regimes in diverse countries will be less likely to provide an adequate level of subsistence (otherwise known as basic human needs) and security rights (also known as integrity of the person rights) to their citizens than regimes in more homogeneous countries. Using a data set of 106 non-OECD countries for the years 1983 and 1993, I employ bivariate, linear multivariate regression, and causal modeling techniques to test whether higher levels of ethnolinguistic and religious diversity are associated with less regime respect for subsistence and security rights. The analysis reveals that higher levels of cultural diversity do appear to lead to lower respect for subsistence rights. However, counter to the hypothesized relationship, high levels of diversity appear to be compatible with high levels of respect for security rights.
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Flachs, Andrew. « Female Genital Cutting, The Veil, and Democracy : Navigating Cultural Politics in Human Rights Discourse ». Oberlin College Honors Theses / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1306508531.
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Waldman, David Kenneth. « A Situational Analysis of Human Rights and Cultural Effects on Gender Justice for Girls ». ScholarWorks, 2011. https://scholarworks.waldenu.edu/dissertations/913.
Texte intégralRésumé :
Evidence suggests that despite repeated mandates by the United Nations (UN) for gender equality, local gender justice for girls has been elusive. Conceptually drawn from Merry's human rights-cultural particularism dissonance and Sen's comparative justice theories, the purpose of this grounded theory study, supported by Clarke's situational analysis, was to investigate how local religious and cultural practices impedes a gender equality outcome for girls. The primary research question involved identifying characteristics and situations of actors who focused solely on gender, culture, and human rights issues at the international and national level. A qualitative research design was used in this study of 8 experts in gender, human rights, and cultural issues who were interviewed in-depth in person and on the telephone. A line-by-line analysis of participants' responses identified specific sub theme situations related to the study that included sociocultural, socioeconomic, and intercultural elements. In addition, open and selected coding of participants' responses uncovered critical gender related themes that included democracy, political governance, and fatherhood responsibility. Implications for social change include indentifying a gender justice approach to human rights in which to implement integrated gender focused programs advocated by civil society and the UN to fill gaps left by governments. The findings suggest that obtaining children human rights is a function of the effect of a girl's access to gender justice and a culture's response to social development with an outcome of gender equality. This can result in advancement of gender justice, which research indicates can substantially improve local and global communities socially, economically, and politically.
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Thomas, Joel Stuart. « Tourism and Rural Identity in the Waasland, Belgium ». TopSCHOLAR®, 2004. http://digitalcommons.wku.edu/theses/233.
Texte intégralRésumé :
The northern portion of Belgium, a region known as Flanders, is one of the most densely settled, industrialized areas in the world. Existing in small, isolated tracts, are "green spaces" mainly devoted to agricultural output.
The Flemish way of life and environment has become increasingly "urbanized." Tourism commissions operating in the countryside have drawn on Flemish heritage and identity, as well as the rural landscape to act as marketing tools. In terms of perception and the notion of a distinctly Flemish rural "space'" how are tourist flow patterns influenced? Does the process of perception result in an exclusive urban to rural pattern, or is there deviation (e.g. rural to rural)? Finally, what mechanisms are utilized by the tourism industry to create the demand for rural tourist activity -- is culture invented, or does an emerging Flemish identity reveal itself as part of the linguistic movement?
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Nolan, Mark Andrew, et mark nolan@anu edu au. « Construals of Human Rights Law : Protecting Subgroups As Well As Individual Humans ». The Australian National University. Faculty of Science, 2003. http://thesis.anu.edu.au./public/adt-ANU20050324.155005.
Texte intégralRésumé :
This research develops the social psychological study of lay perception of human rights and of rights-based reactions to perceived injustice. The pioneering work by social representation theorists is reviewed. Of particular interest is the use of rights-based responses to perceived relative subgroup disadvantage. It is argued that these responses are shaped by the historical development of the legal concept of unique subgroup rights; rights asserted by a subgroup that cannot be asserted by outgroup members or by members of a broader collective that includes all subgroups.
The assertion of unique subgroup rights in contrast to individual rights was studied by presenting participants with scenarios suggestive of human rights violations. These included possible violations of privacy rights of indigenous Australians (Study 1), civil and political rights of indigenous Australians under mandatory sentencing schemes (Study 2), privacy rights of students in comparison to public servants (Study 3), refugee rights (Study 4), and reproductive rights of lesbians and single women in comparison to married women and women in de facto relationships (Study 5). The scenarios were based on real policy issues being debated in Australia at the time of data collection. Human rights activists participated in Studies 4 and 5. In Study 5, these activists participated via an online, web-based experiment. Both quantitative and qualitative data were collected.
A social identity theory perspective is used drawing on concepts from both social identity theory and self-categorization theory. The studies reveal a preference for an equality-driven construal of the purpose of human rights law (i.e. that all Australians be treated equally regardless of subgroup membership) in contrast to minority support for a vulnerable groups construal of the purpose of human rights (i.e. that the purpose of human rights law is to protect vulnerable subgroups within a broader collective).
Tajfelian social belief orientations of social mobility and social change are explicitly measured in Studies 3-5. Consistent with the social identity perspective, these ideological beliefs are conceptualised as background knowledge relevant to the subjective structuring of social reality (violation contexts) and to the process of motivated relative perception from the vantage point of the perceiver. There is some indication from these studies that social belief orientation may determine construals of the purpose of human rights. In Study 5 the observed preference for using inclusive human rights rhetoric in response to perceived subgroup injustice is explained as an identity-management strategy of social creativity. In Studies 4 and 5, explicit measurement of activist identification was also made in an attempt to further explain the apparently-dominant preference for an equality-driven construal of the purpose of human rights law and the preferred use of inclusive, individualised rights rhetoric in response to perceived subgroup injustice.
Activist identification explained some action preferences, but did not simply translate into preferences for using subgroup interest arguments. In Study 5, metastereotyping measures revealed that inclusive rights-based protest strategies were used in order to create positive impressions of social justice campaigners in the minds of both outgroup and ingroup audiences. Ideas for future social psychological research on human rights is discussed.
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Hickey, Susan Jane. « The Unmet Legal, Social and Cultural Needs of Māori with Disabilities ». The University of Waikato, 2008. http://hdl.handle.net/10289/2571.
Texte intégralRésumé :
There is little work done in the area of indigenous disability identity issues and how they are recognised in domestic and international human rights laws. The discourse of disability has always been based on social constructionism and without it, there is no identity. I discuss its relevance to indigenous (Māori) with disabilities and how the multiplicitous nature of the identity of other has a particular impact when indigenous, gender and disability are all identified from marginalised groups. I also explore the impact of westernised thinking around impairment, in particular the models of disabilities on indigenous well-being. The issues of family (whānau), whakawhanaungatanga (family relationships), interdependence (community) and collectivity identities central to indigenous thinking are largely ignored by law and policy, yet central to indigenous identity. This ignorance in policy has led to the disparities that continue to remain for indigenous persons with disabilities, particularly those from within thematic identity groups.
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Mbazira, Christopher. « Enforcing the economic, social and cultural rights in the South African Constitution as justicable individual rights : the role of judicial remedies ». Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7448_1254751404.
Texte intégralRésumé :
Judicial remedies are, amongst others, a vehicle through which respect, protection, promotion and fulfilment of human rights can be delivered to those who need them. A remedy is the perspective from which litigants judge either the success or failure of judicial decisions. Judicial remedies make the rights whole, they complete the justiciability of human rights because without them human rights remain statements of legal rhetoric. The nature of the remedies that the courts grant is not only based on the normative nature of the rights they seek to enforce. They are also influenced by factors such as the goals and objectives of judicial remedies as defined, amongst others, by the ethos of either corrective or distributive forms of justice. This thesis explored these factors and their impact on judicial remedies. Stress is put on the impact of the separation of powers doctrine, institutional competence concerns and on the forms of justice pursued by courts. The study is based on the judicial enforcement of the socio-economic rights protected in the South African 1996 Constitution. The research undertaken here was intended to guide scholars, legal practitioners and judicial officers who confront socio-economic rights issues as part of their daily work.
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Mack, Laura. « Human Rights, LGBT Movements and Identity : An Analysis of International and South African LGBT Websites ». Connect to this title online, 2005. http://www.ohiolink.edu/etd/view.cgi?acc%5Fnum=ohiou1125527098.
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Stork, Peter Robert, et res cand@acu edu au. « Human Rights in Crisis : Is There No Answer to Human Violence ? A Cultural Critique in Conversation with René Girard and Raymund Schwager ». Australian Catholic University. School of Theology, 2006. http://dlibrary.acu.edu.au/digitaltheses/public/adt-acuvp127.25102006.
Texte intégralRésumé :
The study attempts to bring together the mimetic theory of René Girard and the theology of Raymund Schwager to address questions inherent in the contemporary notion of human rights. The impetus derives from the phenomenon of human violence, the universal presence of which points to a problematic that seems to defy conventional explanations and political solutions. In dialogue with Girard and Schwager, the project seeks to shed light on the causes not only of the apparent fragility of the human rights system, but also of the persistence with which large-scale human rights violations recur despite the proliferation of human rights norms. It argues that the human rights crisis is neither an accident nor a shortfall in techniques of implementation, but reflects the subconscious and collective structure of civilization. Following a description of the crisis, this investigation examines the nature of human violence, especially the contagious manner in which it works at the root of the crisis, offering understanding where conventional anthropological reflections fall short. The study argues with Girard that vengeance and retribution resonate deeply with the human psyche and easily evoke an archaic image of the divine. While this arouses moral protest in the post-modern mind, we meet here one of the fundamental issues mimetic theory elucidates, namely that it is on account of such an unconscious image of the “sacred” that vengeful violence has remained for so long a determining element in human history. In a theological key, the study presents human mimesis as a divinely constituted structure that makes possible divine/human intimacy and reciprocity. However, this exalted capacity is perverted. Human sin casts God into the image of an envious rival which corrupts the personal and structural dimensions of human sociality of which the so-called “human rights crisis” is but a contemporary manifestation. What rules the social order is not the true image of God but a resentful human projection that deceptively demands victims in exchange for peace and security. Thus “mimetic victimage” is the essential clue to the fallenness of nations and their institutions, including the institution of human rights, as well as to the fallenness of individuals in their profound alienation from God, from themselves and from one another. Nonetheless, mimesis is also a structure of hope and transcendent longing. So understood, it opens the way to a profound and practical appropriation of the meaning of Christ as the restoration of the image of God in humanity whereby rivalistic resentment, the epicenter of the human predicament, is undone through forgiveness. While there is an enabling aspect to violence when it restrains and coerces us for our benefit as we rightly fear the greater violence that might ensue in its absence, the study also argues that because mimetic human agents carry out the “deed of the law”, the human rights system cannot overcome the mimetic impulse. As a judicial system, human rights belong structurally to the same order as the system they seek to correct. This ambiguity takes on special significance in the “age of annihilation”. For the first time in history limitless violence has become feasible through weapons capable of planetary destruction so that humanity not only faces its own complicity with violence, but also the relative powerlessness of the human rights project to keep its mimetic escalation in check. This raises the central question of the study. If the institution of human rights cannot offer a rigorous critique of structural violence, let alone free humanity from complicity with it, where shall the world place its hope for a more humane future? It concludes that such a hope is not to be found in the proliferation of rights norms and their enforcement but in the transformation of human desire through the restoration of the true image of God as revealed in the Christ-event. This revelation judges as futile all attempts at human sociality that retain violence as their hidden core. Thus God’s freedom granting action in history is both revelatory and “political”: in its prophetic stance against the powers of human sin and domination, it calls humanity to its true vocation to be the image of God grounded in a new pacific mimesis that resonates freely and unflinchingly with the self-giving love of God in Christ.
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Stork, Peter Robert. « Human rights in crisis : is there no answer to human violence ? A cultural critique in conversation with Rene Girard and Raymund Schwager ». Thesis, Australian Catholic University, 2006. https://acuresearchbank.acu.edu.au/download/441cb0e432b7618b6781ec8393b5edd6bf72c1ba7f9d70f6851ef816ed43bd4c/2145141/65100_downloaded_stream_325.pdf.
Texte intégralRésumé :
The study attempts to bring together the mimetic theory of René Girard and the theology of Raymund Schwager to address questions inherent in the contemporary notion of human rights. The impetus derives from the phenomenon of human violence, the universal presence of which points to a problematic that seems to defy conventional explanations and political solutions. In dialogue with Girard and Schwager, the project seeks to shed light on the causes not only of the apparent fragility of the human rights system, but also of the persistence with which large-scale human rights violations recur despite the proliferation of human rights norms. It argues that the human rights crisis is neither an accident nor a shortfall in techniques of implementation, but reflects the subconscious and collective structure of civilization. Following a description of the crisis, this investigation examines the nature of human violence, especially the contagious manner in which it works at the root of the crisis, offering understanding where conventional anthropological reflections fall short. The study argues with Girard that vengeance and retribution resonate deeply with the human psyche and easily evoke an archaic image of the divine. While this arouses moral protest in the post-modern mind, we meet here one of the fundamental issues mimetic theory elucidates, namely that it is on account of such an unconscious image of the 'sacred' that vengeful violence has remained for so long a determining element in human history. In a theological key, the study presents human mimesis as a divinely constituted structure that makes possible divine/human intimacy and reciprocity. However, this exalted capacity is perverted. Human sin casts God into the image of an envious rival which corrupts the personal and structural dimensions of human sociality of which the so-called 'human rights crisis' is but a contemporary manifestation.;What rules the social order is not the true image of God but a resentful human projection that deceptively demands victims in exchange for peace and security. Thus 'mimetic victimage' is the essential clue to the fallenness of nations and their institutions, including the institution of human rights, as well as to the fallenness of individuals in their profound alienation from God, from themselves and from one another. Nonetheless, mimesis is also a structure of hope and transcendent longing. So understood, it opens the way to a profound and practical appropriation of the meaning of Christ as the restoration of the image of God in humanity whereby rivalistic resentment, the epicenter of the human predicament, is undone through forgiveness. While there is an enabling aspect to violence when it restrains and coerces us for our benefit as we rightly fear the greater violence that might ensue in its absence, the study also argues that because mimetic human agents carry out the 'deed of the law', the human rights system cannot overcome the mimetic impulse. As a judicial system, human rights belong structurally to the same order as the system they seek to correct. This ambiguity takes on special significance in the 'age of annihilation'. For the first time in history limitless violence has become feasible through weapons capable of planetary destruction so that humanity not only faces its own complicity with violence, but also the relative powerlessness of the human rights project to keep its mimetic escalation in check. This raises the central question of the study.;If the institution of human rights cannot offer a rigorous critique of structural violence, let alone free humanity from complicity with it, where shall the world place its hope for a more humane future? It concludes that such a hope is not to be found in the proliferation of rights norms and their enforcement but in the transformation of human desire through the restoration of the true image of God as revealed in the Christ-event. This revelation judges as futile all attempts at human sociality that retain violence as their hidden core. Thus God's freedom granting action in history is both revelatory and 'political': in its prophetic stance against the powers of human sin and domination, it calls humanity to its true vocation to be the image of God grounded in a new pacific mimesis that resonates freely and unflinchingly with the self-giving love of God in Christ.
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Burns, Tom. « 'From the heart of the wound' the struggle for human rights as a spirituality : a cross cultural perspective / ». Theological Research Exchange Network (TREN), 1997. http://www.tren.com.
Texte intégral
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Bungane, Mbulelo Shadrack. « South Africa's Human Rights Diplomacy in Africa : 1994-2008 ». Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/43686.
Texte intégralRésumé :
The study examines SA‟s human rights diplomacy in Africa and the selected countries, namely Libya, Nigeria, the Sudan and Zimbabwe during the presidencies of Presidents Mandela and Mbeki. When SA decided to follow an ethics based foreign policy, especially in the area of human rights, it joined a number of countries who had adopted a similar approach such the United States of America, the Netherlands and Australia. These countries have an established history of human rights diplomacy which is supported by institutional and policy frameworks.
The study argues that although both presidents were committed to a human rights oriented foreign policy, due to constraints that they faced in the continent human rights issues were not consistently and concertedly pursued by them, especially following SA‟s 1995 engagement with Nigeria during the term of the Sani Abacha government. These constraints led to a major shift in SA‟s human rights diplomacy. This shift entailed a move away from unilateral action to reliance on multilateral forums to deal with human rights challenges; the development of continental norms and standards, as well as strengthening continental structures; and conflict resolution and post-conflict reconstruction and development in Africa. This shift became evident in the content of Departmental strategic plans, and reporting both internally and externally to oversight structures such as Parliament. Hardly any proactive plans were developed to address human rights issues in any of the individual countries. Reporting to Parliament also focused on developments at a multilateral level both at the UN and AU with little coverage of human rights issues in individual countries.
The use of multilateral bodies such as the SADC to address human rights issues became more pronounced, the Zimbabwean crisis being the case in point. Despite the merits of the collective approach, its value is diminished if it is undertaken to the exclusion of bilateral engagements by South African diplomats in specific countries or if gross human rights violations are not raised in multilateral bodies. Similarly, the significance of the normative framework and requisite structures cannot be doubted, but because the results of these initiatives are only realisable in the medium to long term, this approach needs to be buttressed by bilateral diplomatic engagements.
During the period from 1994 to 2008, SA also engaged in a number of conflict resolution and post-conflict reconstruction and development initiatives. These interventions averted human rights violations by securing peace as well as facilitating the development of constitutional and related frameworks to ensure the protection of human rights in the affected states.
In conclusion, with the exception of Nigeria, SA hardly intervened on its own to intercede on behalf of victims of civil and political rights violations in any of the four states covered by the study. Its approach undermined its commitment to promote and protect human rights in the African continent.Dissertation (MA)--University of Pretoria, 2013.
gm2015
Political Sciences
MA
Unrestricted
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Rumsey, Carolyn A. « Culture, Abstinence, and Human Rights : Zulu Use of Virginity Testing in South Africa’s Battle against AIDS ». Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20617.
Texte intégralRésumé :
Virginity Testing, a traditional Zulu pre-nuptial custom that determines the worth of a bride, has been resurrected in communities in KwaZulu-Natal in South Africa as a response to the HIV/AIDS epidemic. The practice takes place during large community festivals when young girls have their genitals physically examined to determine whether they are virgins and results are made public. Supporters of the tradition claim that in fostering a value of chastity among its youth, it encourages abstinence from sexual intercourse which leads to a lower HIV infection rate and prevents the disease from spreading. Human rights activists disagree; Rather than slowing the spread of a disease, they argue, the practice instead endangers girls. Those who fail are often shunned and turn to prostitution, while those who pass may be exposed as potential targets for rape (due to a myth that says intercourse with a virgin cures HIV/AIDS). Despite a ban on the practice in 2005, the testing festivals continue, and are described by supporters as an important part of the preservation of Zulu culture. This thesis examines the ways in which human rights may be re-negotiated for young girls in Zulu communities while maintaining a respect for local culture. It moves beyond the traditional debate between relativism and universalism in order to propose solutions to rights violations in culturally diverse contexts by exploring ideas of inclusive human rights and capabilities theories.
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Tyree, Rachel. « Just Hospitality : Wage Theft, Grassroots Labor Organizing, and Activist Research in Nashville, Tennessee ». Scholar Commons, 2016. http://scholarcommons.usf.edu/etd/6420.
Texte intégralRésumé :
This politically engaged project locally grounds the efforts of low-wage workers in the United States who are addressing the nationwide epidemic of wage theft by focusing on the particular experience of organized hospitality cleaning workers at a worker center in Nashville, Tennessee. While being both collaborative and reflexive, this activist anthropological research utilizes observant participation, in-depth interviews, and organizational and archival research to explore the issues identified by members and organizers at the worker center, illustrate the alternative theories of change being generated from grassroots labor organizing efforts in light of state mechanisms that do not protect all workers, and to investigate the complex intersections of activism and academia in research settings. This study shows that wage theft is a more nuanced problem than an economic burden alone, that organized low-wage and immigrant workers are changing the landscape of U.S. labor organizing, and that academic-worker justice collaborations hold promising implications for social change.
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Galliker, Doris. « The potential impact of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on the realisation of socio-economic rights in the international arena : what can be learnt from the justiciability of socio-economic rights in South Africa ? » Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/4694.
Texte intégralRésumé :
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (the 'Optional Protocol' or the 'OP-ICESCR') has recently been adopted by the General Assembly of the United Nations. This document establishes a new complaints procedure for economic, social and cultural rights ('ESCR') within the United Nations human rights system. Hence, those rights ' as it is already the case for civil and political rights (CPR) ' will become quasi-justiciable at international level. Once the Optional Protocol will enter into force, individuals and groups victims of violations of any right contained in the International Covenant on Economic, Social and Cultural Rights (the 'Covenant' or the 'ICESCR') will have the possibility to submit communications to the United Nations Committee on Economic, Social and Cultural Rights (the 'Committee' or the 'CESCR'), as long as the state concerned is party to the OP-ICESCR.
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Mbazira, Christopher. « The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence ». Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/1062.
Texte intégralRésumé :
"It is submitted that South Africa presents the African Commission on Human and Peoples' Rights (the Commission) and the African Court on Human and Peoples' Rights (the Court) with inspiration to draw from on how social-economic rights can be protected. Issues of locus, defining the state's obligations, effective remedies and their enforcement can be drawn from. However, it is impossible to transpose a domestic system directly into the regional system. It is also submitted that South Africa's Constitution and jurisprudence is not without criticisms as assessed against the backdrop of international human rights law. In this respect the United Nations Committee on Economic, Social and Cultural Rights (the Committee) offers immense inspiration. Through its practice of giving normative content to the rights in the ICESCR the Committee has given extensive definition to some of the rights in the ICESCR and the obligations that attach to them. The obligation of the states to take steps to the maximum of the available resources to achieve progressively the full realisation of the rights in the Covenant has been the subject of extensive elaboration by the Committee. In addition to this the Committee has read into the ICESCR a very important concept, the principle of 'core minimum obligations'. This concept sets the benchmark in determining whether the state has discharged it obligations at the minimum level. The Commission and Court should take advantage of the provisions of the Charter which allow for inspiration from other instruments. The Charter obliges the Commission and the Court to draw inspiration from international law and human and peoples' rights, including the UDHR and other instruments adopted by the United Nations and African countries in the area of human rights. This is in addition to taking into consideration other instruments laying down rules expressly recognized by the states. This paper sets out to show that the African system can draw inspiration from South Africa and the Committee in order to surmount the challenges affecting the realisation of the rights. The paper is divided into five parts. The first part outlines the normative framework of protection of economic, social and cultural rights within the ICESCR, the African Charter and South African Constitution. The second part explores the challenges hampering the effective realisation of these rights followed by an analysis of the African Court and the lessons it may draw not only from the Committee and South Africa's Constitution but from the African Commission as well. The fourth part looks at the forth-coming African Court and its challenges, pointing to aspects on which it may seek inspiration. This will be followed by a conclusion and recommendations." -- Introduction.Prepared under the supervision of Professor Sandra Liebenberg at the Faculty of Law, University of the Western Cape, South Africa
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Mansutti, Anna <1989>. « INTANGIBLE CULTURAL HERITAGE AND HUMAN RIGHTS : CASE STUDY IN THE IMMIGRANT SOCIETY OF NORTH CAROLINA, USA ». Master's Degree Thesis, Università Ca' Foscari Venezia, 2015. http://hdl.handle.net/10579/5901.
Texte intégralRésumé :
Article 2 (1) of the UNESCO Convention on the Safeguarding of the Intangible Cultural Heritage defines “intangible cultural heritage” as “the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts, and cultural spaces associated therewith – that communities […] recognize as part of their cultural heritage.” Cultural Heritage than, is the “expression of the ways of living developed by a community and passed on from generation to generation”.
The thesis will focus on the problem of immigration, integration and citizenship, in relation to the international conventions on the protection of intangible cultural heritage. The issue of Cultural Heritage invests many aspects of the immigration policies, such as the education problem, the preservation of the language, integration, and the protection of human rights.
After briefly outlining the problems of immigration in the United States, showing data, outlining immigration policies and international issues, the thesis will then summarize the problems of cultural integration and the consequent development of the concept of intangible Cultural Heritage.
Together with the policies concerning integration and the social and cultural processes that are actuated to help an individual to become part of a society, countries and international organizations have established to draft a whole set of conventions apt to safeguard the particular issue of the cultural intangible heritage of the people arriving in a new country. In a second part, the 1995 “Framework convention for the Protection of National Minorities”, the 2001 UNESCO’S “Universal Declaration on Cultural Diversity”, the 2003 “Convention on the Safeguarding of the Intangible Cultural Heritage”, and the 2005 “Convention on the Protection and Promotion of the Diversity of Cultural Expressions”, will be presented, analyzing which countries have ratified them and why.
Finally, the thesis will focus on the particular frame of the United States of America and the peculiar case of North Carolina. In the latest years, North Carolina has become part of the movement of states and local municipalities searching for new strategies to compensate the failure of federal immigration reform at the national level. North Carolina has become an important barometer of contemporary immigration debates for the nation. The thesis will analyze few specific case studies regarding the initiatives, laws and statements issued by the government and institutions of North Carolina, as well as the international organizations working in the state on the protection and development of the Cultural Heritage and related issues in the immigrated minorities.
The final objective of the thesis will be to understand if there are strategies, or ideas that can be shared to help and improve the social condition of many new citizens. Why has immigrant segregation increased even if racial segregation has declined? What can governments and international organizations do to promote the integration of different cultures and at the same time preserve their national Cultural Heritage, and how can international law help?
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Kristensen, Agnes, et Rebecca Simson. « Kollektiv identitet online : En jämförande studie av Nordiska Motståndsrörelsen och Human Rights Campaign ». Thesis, Uppsala universitet, Institutionen för informatik och media, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-341743.
Texte intégralRésumé :
This thesis seeks to understand how collective identity is formed in the comment section on Twitter. A comparison between the Nordic Resistance Movement (Nordiska Motståndsrörelsen) and Human Rights Campaign has been made with social antagonism as a starting point. The Nordic Resistance Movement is a Swedish organization with Nazi values and Human Rights Campaign is an American organization fighting for equal rights for LGBTQ-people. social antagonism states that collective identity is created when an antagonistic relationship exists. The thesis aims to answer the research question; how are collective identities, for the Nordic Resistance Movement and Human Rights Campaign, created in the comment section on Twitter? This question is answered using Social antagonism theory and Social Movement Theory as a theoretical framework. 1000 comments from each groups comment section has been collected and analysed with thematic content analysis. The study showed that collective identity is strengthened by the fact that there is an antagonistic relationship. We found that the collective identity of each group fought back whenever someone made a negative comment towards their beliefs. It also showed that the collective identity, of the followers and members in the comment section, doesn’t necessarily correlate with the identity of the organization. This study will help further the research on collective identity and how people are affected when joining a movement. It will hopefully inspire further research within social antagonism, collective identity and social movements.