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Author: Elsa Stamatopoulou
Publisher: BRILL
Published: 2007
Total Pages: 353
ISBN-13: 9004157522
DOWNLOAD EBOOKDrawing 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.
Author: Evelyne Lagrange
Publisher: Springer
Published: 2018-07-04
Total Pages: 289
ISBN-13: 3319787896
DOWNLOAD EBOOKThis book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.
Author: Ziba Vaghri
Publisher: Springer Nature
Published: 2022-01-03
Total Pages: 429
ISBN-13: 3030846474
DOWNLOAD EBOOKThis open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Author: S. James Anaya
Publisher:
Published: 2004
Total Pages: 414
ISBN-13: 9780195173505
DOWNLOAD EBOOKIn this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Author: Andrzej Jakubowski
Publisher: BRILL
Published: 2019-05-15
Total Pages: 528
ISBN-13: 9004365346
DOWNLOAD EBOOKCultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
Author: Elisa Novic
Publisher: Oxford University Press
Published: 2016
Total Pages: 289
ISBN-13: 0198787162
DOWNLOAD EBOOKCultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
Author: Francesco Francioni
Publisher: BRILL
Published: 2008
Total Pages: 381
ISBN-13: 9004162941
DOWNLOAD EBOOKWhat 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.
Author: William D. Davies
Publisher: Cambridge University Press
Published: 2018-08-09
Total Pages: 451
ISBN-13: 1108655475
DOWNLOAD EBOOKAs the colonial hegemony of empire fades around the world, the role of language in ethnic conflict has become increasingly topical, as have issues concerning the right of speakers to choose and use their preferred language(s). Such rights are often asserted and defended in response to their being violated. The importance of understanding these events and issues, and their relationship to individual, ethnic, and national identity, is central to research and debate in a range of fields outside of, as well as within, linguistics. This book provides a clearly written introduction for linguists and non-specialists alike, presenting basic facts about the role of language in the formation of identity and the preservation of culture. It articulates and explores categories of conflict and language rights abuses through detailed presentation of illustrative case studies, and distills from these key cross-linguistic and cross-cultural generalizations.
Author: Athanasia Spiliopoulou Åkermark
Publisher: BRILL
Published: 2021-09-27
Total Pages: 331
ISBN-13: 9004479872
DOWNLOAD EBOOKThis volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human dignity and culture.
Author: Claudia Tavani
Publisher: Martinus Nijhoff Publishers
Published: 2012-09-03
Total Pages: 395
ISBN-13: 9004202617
DOWNLOAD EBOOKUsing Italy and the Roma as a case study, this book proves that non-discrimination provisions are not sufficient to protect the cultural identity of minorities: a system encompassing also the use of collective rights is better suited for this purpose.
