Cultural Rights as Collective Rights
Title | Cultural Rights as Collective Rights PDF eBook |
Author | Andrzej Jakubowski |
Publisher | BRILL |
Pages | 400 |
Release | 2016-07-11 |
Genre | Law |
ISBN | 9004312021 |
Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights. Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.
Community and Collective Rights
Title | Community and Collective Rights PDF eBook |
Author | Dwight Newman |
Publisher | Bloomsbury Publishing |
Pages | 260 |
Release | 2011-07-13 |
Genre | Law |
ISBN | 1847317782 |
This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.
Community and Collective Rights
Title | Community and Collective Rights PDF eBook |
Author | Dwight Gordon Newman |
Publisher | |
Pages | 776 |
Release | 2005 |
Genre | Human rights |
ISBN |
Collective Action and the Civil Rights Movement
Title | Collective Action and the Civil Rights Movement PDF eBook |
Author | Dennis Chong |
Publisher | University of Chicago Press |
Pages | 276 |
Release | 1991-06-18 |
Genre | History |
ISBN | 0226104419 |
Collective Action and the Civil Rights Movement is a theoretical study of the dynamics of public-spirited collective action as well as a substantial study of the American civil rights movement and the local and national politics that surrounded it. In this major historical application of rational choice theory to a social movement, Dennis Chong reexamines the problem of organizing collective action by focusing on the social, psychological, and moral incentives of political activism that are often neglected by rational choice theorists. Using game theoretic concepts as well as dynamic models, he explores how rational individuals decide to participate in social movements and how these individual decisions translate into collective outcomes. In addition to applying formal modeling to the puzzling and important social phenomenon of collective action, he offers persuasive insights into the political and psychological dynamics that provoke and sustain public activism. This remarkably accessible study demonstrates how the civil rights movement succeeded against difficult odds by mobilizing community resources, resisting powerful opposition, and winning concessions from the government.
Group Rights
Title | Group Rights PDF eBook |
Author | Peter Jones |
Publisher | Routledge |
Pages | 558 |
Release | 2022-03-24 |
Genre | Law |
ISBN | 1351932055 |
Nowadays, rights are frequently ascribed to groups distinguished by their nationality, culture, religion or language. Rights are also commonly ascribed to institutionalised groups, such as states, businesses, trade unions and private associations. Yet the ascription of rights to groups remains deeply controversial. Many people reject the very idea of group rights. Amongst those who do not, there is radical disagreement about which sorts of group might possess rights and why. Some believe that group rights threaten the freedom and well-being of individuals, while others argue that the rights of groups can complement them. Some claim that group rights can also be human rights; others find that claim incoherent. The contributions making up this volume wrestle with these and many other of the issues that surround group rights. This volume brings together twenty-four of the journal articles that have contributed most significantly to contemporary thinking on group rights.
Group Rights as Human Rights
Title | Group Rights as Human Rights PDF eBook |
Author | Neus Torbisco Casals |
Publisher | Springer Science & Business Media |
Pages | 278 |
Release | 2006-06-30 |
Genre | Law |
ISBN | 1402042094 |
Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
Formalization of the collective rights of native communities in Peru
Title | Formalization of the collective rights of native communities in Peru PDF eBook |
Author | Monterroso, I. |
Publisher | CIFOR |
Pages | 8 |
Release | 2018-12-25 |
Genre | |
ISBN |
Regional governments have a central role in the formalization process as they are in the most direct contact with native communities. Nonetheless, incomplete decentralization has led to inadequate budget and trained personnel. The Ministry of Economy and Finance should incorporate allocations for community titling procedures in the national budget. There are incongruities between the expectations of native communities and the scope of the regulations that formalize collective rights – especially those related to rights to resources, the implications of usufruct contracts and the differences in rights granted over lands classified as forest versus agriculture. The results show that investing in coordination and collaboration mechanisms has the potential to increase the effectiveness of implementation. This requires assigning budgets and promoting measures supporting information exchange and formal agreements to implement joint actions.