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Cultural Rights (cultural + right)
Selected AbstractsDemocracy and Cultural Rights: Is There a New Stage of Citizenship?CONSTELLATIONS: AN INTERNATIONAL JOURNAL OF CRITICAL AND DEMOCRATIC THEORY, Issue 2 2002María Pía Lara First page of article [source] Protection of Migrants' Human Rights: Principles and PracticeINTERNATIONAL MIGRATION, Issue 6 2001Heikki S. Mattila In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants. In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20. In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories. Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti-immigrant factions are influential. Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration-related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour. [source] The International Covenant on Economic, Social and Cultural Rights as a tool for combating discrimination against women: general observations and a case study on Algeria*INTERNATIONAL SOCIAL SCIENCE JOURNAL, Issue 184 2005Karima Bennoune The International Covenant on Economic, Social and Cultural Rights (ICESCR) is vital to protecting the human rights of women. This is reflected in the substantive rights which the treaty guarantees and its procedural emphasis on non-discrimination. The ICESCR now has 151 State Parties, as compared with 180 states that have ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). While the latter is a lightning rod for opposition to the advancement of women's rights, the former is not. It may, therefore, be a particularly useful tool for combating discrimination against women, especially in the Muslim world where resistance to CEDAW in conservative quarters is strong. Still, some argue that the Committee on Economic, Social and Cultural Rights, which monitors implementation of the ICESCR, needs to further elaborate its jurisprudence on women's issues. Against such a complex backdrop, this study will explore the utility of the ICESCR in combating discrimination against women, looking in particular at the example of Algeria, which became a State Party in 1989. [source] Liberal Nationalism and Cultural RightsPOLITICAL STUDIES, Issue 4 2001Geoffrey Brahm Levey Liberal nationalists such as Yael Tamir and Will Kymlicka have argued for an extravagant range of cultural rights based on respect for individual autonomy. I present an alternative account of the moral import of liberal autonomy for the status of cultural minorities. The article examines three pivotal aspects of Tamir's argument for cultural rights and argues that, in each case, Tamir's position fails to honour the value of individual autonomy, and in ways parallel to Kymlicka's argument. These shared difficulties point to some basic ontological and moral properties of a genuine autonomy-based defence of cultural rights. [source] Advancing Health Rights in a Globalized World: Responding to Globalization through a Collective Human Right to Public HealthTHE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 4 2007Benjamin Mason Meier The right to health was codified in Article 12 of the International Covenant on Economic, Social and Cultural Rights as an individual right, focusing on individual health services at the expense of public health systems. This article assesses the ways in which the individual human right to health has evolved to meet collective threats to the public's health. Despite its repeated expansions, the individual right to health remains normatively incapable of addressing the injurious societal ramifcations of economic globalization, advancing individual rights to alleviate collective inequalities in underlying determinants of health. By examining modern changes to underlying determinants of health, this article concludes that responding to globalized health threats necessitates a collective right to public health. [source] General Comment No. 17 on "Authors' Rights"THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 1 2007Hans Morten Haugen General Comment No. 17 on authors' rights is a comprehensive assessment of the normative content of article 15, paragraph 1(c) of the International Covenant on Economic, Social and Cultural Rights (the Covenant). Also, the obligations and violations are spelled out in great detail. It is found that the General Comment makes a clear distinction in principle between standard intellectual property rights and the protection given in accordance with article 15, paragraph 1(c). At the same time, the General Comment does not outline any specific tools for determining when an intellectual effort would result in human rights protection and when it would fall outside of the scope of this protection. Two clarifications have resulted in a positive reception of the General Comment among those who expressed criticism during the drafting. First, General Comment No. 17 acknowledges the need for human rights protection for local and indigenous communities. Second, General Comment No. 17 emphasizes the balance between the private interests of the authors and the other human rights recognized in the Covenant. [source] Economic, Social and Cultural Rights in Action by Mashood Baderin and Robert McCorquodale (eds)THE MODERN LAW REVIEW, Issue 1 2009Laurence Lustgarten No abstract is available for this article. [source] Migration and the Right to Social Security: Perceptions of Off-farm Migrants' Rights to Social Insurance in China's Jiangsu ProvinceCHINA AND WORLD ECONOMY, Issue 2 2007Ingrid Nielsen J08; J 61; J65 Abstract In 2001 China ratified the International Covenant on Economic, Social and Cultural Rights. By so doing the national government became legally bound, "to the maximum of its available resources", to achieve "progressively" full realization of the rights specified in the Covenant. Included amongst these entitlements is the "right of everyone to social security, including social insurance". This paper uses data from Jiangsu to examine the extent to which urbanites agree that previously disenfranchised migrants have the same right to social insurance as the urban population. Many urbanites fear that their existing entitlements to social protection will be diluted if social insurance coverage is extended to include new populations. Accordingly, state agencies and the media have sought to promote acceptance of a more positive view of migrant workers than has traditionally prevailed within towns and cities. We find that younger urban residents, urban residents who already have social insurance and urban residents working in the state-owned sector are more likely to agree that migrants have the same right to social insurance as the urban population. [source] Poverty as a human rights violationINTERNATIONAL SOCIAL SCIENCE JOURNAL, Issue 180 2004Geneviève Koubi Difficult as it is to admit, poverty cannot be defined in law. In the tension between dealing with poverty and focusing on extreme poverty, there is an indeterminacy that makes democracies inattentive to the economic and social dynamics of poverty as inequality. As a result, responses to extreme poverty, especially when they are explicitly targeted or preferential, violate the fundamental equality of rights and dignity that they are supposed, formally, to express. Measures for the underprivileged thus do not offer them a way out from their status, but rather, paradoxically, lead them to qualify their suffering, and to find in favours received the strength to think of themselves as poor without being exposed to the terrors of extreme poverty. In a sense, such people, who depend on minimal welfare granted to them, have no "rights". Should we thus learn to think of poverty as an inevitable and unavoidable phenomenon in a world that claims to work to guarantee human rights, civil and political rights, economic, social, and cultural rights? [source] Políticas de la alteridad: Etnización de "comunidad negra" en el Pacífico sur colombianoJOURNAL OF LATIN AMERICAN & CARIBBEAN ANTHROPOLOGY, Issue 2 2002Eduardo RestrepoArticle first published online: 28 JUN 200 The ethnicization of the "black community" in the southern Colombian Pacific region is a process that originated at the beginning of the 1990s. Associated with the ruling of the article in the Political Constitution of 1991, which recognizes cultural rights and specific territories for the "black community," an innovative dynamic of organization was consolidated, articulated to politics of alterity in which multiple mediations and actors intervened. The present article is a contribution to the ethnography of the production of alterity, focusing on the black community as a political and legal subject in the region of the southern Colombian Pacific. [source] Disability Rights Commission: From Civil Rights to Social RightsJOURNAL OF LAW AND SOCIETY, Issue 4 2008Agnes Fletcher This paper argues that, although originally conceived as part of the ,civil rights' agenda, the development of disability rights in Britain by the Disability Rights Commission (DRC) is better seen as a movement towards the realization of social, economic, and cultural rights, and so as reaffirmation of the indissolubility of human rights in the round. As such, that process of development represents a concrete exercise in the implementation of social rights by a statutory equality body and a significant step towards the conception of disability rights as universal participation, not just individual or minority group entitlement. The paper considers the distinctive features of that regulatory activity. It asks what sort of equality the DRC set out to achieve for disabled people and where, as a result, its work positioned it on the regulatory spectrum. From the particular experience of the DRC, the paper looks forward to considerations of general relevance to other such bodies, including the new Equality and Human Rights Commission. [source] Human rights and the trauma model: Genuine partners or uneasy allies?JOURNAL OF TRAUMATIC STRESS, Issue 5 2009Zachary Steel Since World War II, a comprehensive body of international law has developed to protect and promote human rights. Three generations of rights can be delineated: civil and political; economic, social and cultural; and collective rights. The convergence of a medical rights-based campaign in the late 1970s with the emergence of the new trauma model resulted in mental health professionals playing a prominent role in documenting and protecting civil and political rights. Economic, social, and cultural rights also emerged as being pivotal, particularly in the Australian context as mental health professionals began to work with excluded populations such as asylum seekers. Consideration of third-generation rights raises important questions about the responsibilities facing mental health professionals applying the trauma model to non-Western settings. [source] Liberal Nationalism and Cultural RightsPOLITICAL STUDIES, Issue 4 2001Geoffrey Brahm Levey Liberal nationalists such as Yael Tamir and Will Kymlicka have argued for an extravagant range of cultural rights based on respect for individual autonomy. I present an alternative account of the moral import of liberal autonomy for the status of cultural minorities. The article examines three pivotal aspects of Tamir's argument for cultural rights and argues that, in each case, Tamir's position fails to honour the value of individual autonomy, and in ways parallel to Kymlicka's argument. These shared difficulties point to some basic ontological and moral properties of a genuine autonomy-based defence of cultural rights. [source] Front and Back Covers, Volume 25, Number 3.ANTHROPOLOGY TODAY, Issue 3 2009June 200 Front & back cover caption, volume 25 issue 3 Front & back cover HERITAGE PROTECTION Created in the aftermath of World War II, UNESCO was mandated to engage in a worldwide educational campaign aimed at establishing the conditions for lasting peace. This involved working out and disseminating a new world view based on a revised conception of human diversity. The founders of UNESCO argued that prejudice relating to human diversity is the main cause of war, and hoped that a radical modification of the existing vision of that diversity would help to guarantee of peace. Over the 60 years of its history UNESCO's doctrine has been subject to numerous modifications. Initially, cultural diversity was often described in terms of unequal economic progress and presented as an obstacle to be overcome. But in the 1960s ,progress', and the resulting cultural homogenization, began to be considered a major threat to human diversity, particularly diversity of culture. Co-ordinated by UNESCO, the international salvage of the Abu Simbel temples, threatened with submersion in Lake Nasser, became a symbol of a new moral obligation, incumbent upon all humans, to safeguard a common ,world heritage' (exemplified in the images on the back and front covers of this issue). Over the last decade, the notion of common heritage of humanity has been extended to all expressions of cultural traditions, thought to be endangered by the deleterious effects of globalization. UNESCO has chosen to put its support behind local identities and the right of the minorities to conserve their traditional differences. Alongside the principle of the equality of individuals, UNESCO now also upholds the equality of cultures, suggesting that the charter of human rights needs to be supplemented by a charter of cultural rights. The major challenge to UNESCO's current ideology is the compatibility of universal human rights with particular cultural rights. If all traditions deserve to be protected, should this privilege be bestowed equally on masterpieces of the past as on traditional practices. Wearing the burqa need not be controversial, but what about practices like genital mutilation or ,honour killings'? As Wiktor Stoczkowski argues in his article, such issues are intensely anthropological challenges deserving our attention. [source] Assimilation, control, mediation or advocacy?CHILD & FAMILY SOCIAL WORK, Issue 4 2000Social work dilemmas in providing anti-oppressive services for Traveller children, families This paper explores dilemmas facing social work in England in providing anti-oppressive services for Travellers, particularly those who lack secure sites. A context is provided by outlining the conflict between Travellers and the majority society, and its expression in oppressive legislation, policy and practice. The implications of the corporate local authority role for relationships between Travellers and social services, and the specific history of Travellers and welfare, are also explored. The remainder of the paper draws on findings from a Nuffield-funded study of policy and provision by English social services departments for Traveller children and families. Provision is undermined by mutually difficult relationships between Traveller communities and social services, and competing demands on social services in relation to professional values and support of Travellers' rights, and their simultaneous contribution to local authority control of unauthorized camping. However, newer developments in some social services departments may be able to generate more positive relationships with Travellers, to promote their individual and cultural rights, and build partnerships with voluntary agencies which have a significant role in work with Travellers. The implications for social services departments wishing to develop their policies and practice with Traveller families are outlined. [source] | |||||||||||||