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Cultural Rights as Collective Rights

2016-07-11 Law
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Release : 2016-07-11
Genre : Law
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Book Synopsis Cultural Rights as Collective Rights by : Andrzej Jakubowski

Download or read book Cultural Rights as Collective Rights written by Andrzej Jakubowski. This book was released on 2016-07-11. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Foundations of Collective Cultural Rights in International Human Rights Law

2015
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Release : 2015
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Book Synopsis Foundations of Collective Cultural Rights in International Human Rights Law by : Yvonne Donders

Download or read book Foundations of Collective Cultural Rights in International Human Rights Law written by Yvonne Donders. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: Although collective cultural rights are included in international human rights law, their precise place and their nature and significance are not well-explored or understood. This paper aims to show where collective cultural rights can be found in international human rights law and explore how these rights fit in the general body and framework of international human rights law. The starting point in this chapter is international human rights law, which implies that the analysis of collective cultural rights is framed by positive law and international legal instruments, such as treaties and conventions, as well as by soft law instruments, such as declarations, recommendations and resolutions. In this paper, the two categories of collective rights and cultural rights are defined, drawing a distinction between a) different types of collective rights, including rights for collectivities as such, rights for individuals as members of collectivities, and rights with a collective interest or object; and b) between different types of cultural rights, including rights that explicitly refer to 'culture' and rights that relate to culture or have a cultural dimension. This paper furthermore analyses various contentious issues surrounding collective rights and cultural rights in international human rights law, including the lack of clarity on the object and subject of these rights. The paper then outlines the different forms of collective cultural rights in international human rights law, by providing examples of legal provisions in international human rights law that can be classified as collective cultural rights. Finally, the paper elaborates on how collective subjects and collective cultural interests are integrated in international human rights law and analyses how and to what extent collective cultural rights provisions provide answers to the above-noted issues.

Cultural Human Rights

2008 Political Science
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Release : 2008
Genre : Political Science
Kind : eBook
Book Rating : 941/5 ( reviews)

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Book Synopsis Cultural Human Rights by : Francesco Francioni

Download or read book Cultural Human Rights written by Francesco Francioni. This book was released on 2008. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.

Cultural Rights and Wrongs

1998 Cultural policy
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Release : 1998
Genre : Cultural policy
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Book Synopsis Cultural Rights and Wrongs by : Unesco

Download or read book Cultural Rights and Wrongs written by Unesco. This book was released on 1998. Available in PDF, EPUB and Kindle. Book excerpt:

Cultural Rights in International Law

2007-04-30 Law
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Release : 2007-04-30
Genre : Law
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Book Rating : 936/5 ( reviews)

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Book Synopsis Cultural Rights in International Law by : Elissavet Stamatopoulou-Robbins

Download or read book Cultural Rights in International Law written by Elissavet Stamatopoulou-Robbins. This book was released on 2007-04-30. Available in PDF, EPUB and Kindle. Book excerpt: Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy. This book is the second volume in The Universal Declaration of Human Rights Series. The Series will consist of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a survey of state practice in defining and enforcing the right.

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