How Far are Collective Rights Necessary to Protect the Cultural Identity of the Roma?
Author: Claudia Tavani
Publisher:
Published: 2010
Total Pages: 0
ISBN-13:
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Collective Rights and the Cultural Identity of the Roma
Author: Claudia Tavani
Publisher: Martinus Nijhoff Publishers
Published: 2012-09-03
Total Pages: 394
ISBN-13: 9004233830
DOWNLOAD EBOOKIs the use of mechanisms that only focus on the protection of individual human rights sufficient to protect the cultural identity of minorities? Much more can be achieved by adopting a system that applies the principles of equality and non-discrimination, and encompasses the recognition of a collective right to cultural identity. Culture and cultural identity are indeed important for the identification of groups and ethnicity. But are the Roma an ethnic group? Are they a minority? In answering these questions, Italy is used as a case study to illustrate the limits of non-discrimination provisions and the need to recognise the collective right to cultural identity.
Collective Rights and the Cultural Identity of the Roma
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.
Minority Rights Protection in International Law
Author: Helen O'Nions
Publisher: Routledge
Published: 2016-04-22
Total Pages: 340
ISBN-13: 1317095650
DOWNLOAD EBOOKThere are approximately ten million Roma in Europe, making them the continent’s largest non-territorial minority. Despite this fact, the Roma continue to experience routine discrimination and marginalization in European countries. As a result they are seldom engaged in national political activism and are frequently at the bottom of the economic and social ladder. The severity of exclusion experienced by the Roma in societies which have long paid heed to the notion of individual, universal human rights - combined with their geographical dispersal and heterogeneous nature - makes the study of the Roma highly informative. This book examines the theoretical debate concerning the most appropriate way of protecting the fundamental human rights of the Roma, which also illuminates ways in which the rights of minority groups can be protected more generally. As a result, this work will be a valuable resource for social scientists and practitioners in the field of human rights.
On Cultural Rights
Author: William Kurt Barth
Publisher: BRILL
Published: 2008
Total Pages: 273
ISBN-13: 9004168427
DOWNLOAD EBOOKThis work addresses the question: how has the evolution of a legal regime within the United Nations and regional organisations influenced state behaviour regarding recognition of minority groups? The author assesses the implications of this regime for political theoristsa (TM) account of multiculturalism. This research bridges a gap between normative questions in political theory on multiculturalism and the international law on minorities. It does so by means of case studies of legal challenges involving two groups, namely, the Aboriginal peoples of Canada, and the Roma peoples in Europe. The author concludes by discussing the normative implications of the minority regime for helping to resolve conflicts that arise out of state treatment of minority groups.
Culture and Human Rights: The Wroclaw Commentaries
Author: Andreas J. Wiesand
Publisher: Walter de Gruyter GmbH & Co KG
Published: 2016-11-07
Total Pages: 358
ISBN-13: 3110432250
DOWNLOAD EBOOKThe WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights.
The Inherent Rights of Indigenous Peoples in International Law
Author: Antonietta Di Blase
Publisher: Roma TrE-Press
Published: 2020-02-24
Total Pages: 331
ISBN-13: 8832136929
DOWNLOAD EBOOKThis book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.
International Human Rights Law and Practice
Author: Ilias Bantekas
Publisher: Cambridge University Press
Published: 2020-04-23
Total Pages: 1009
ISBN-13: 1108711758
DOWNLOAD EBOOKThe only human rights textbook truly merging law with practice in a comprehensive and enjoyable manner.
Seeking Justice in International Law
Author: Mauro Barelli
Publisher: Routledge
Published: 2016-04-14
Total Pages: 207
ISBN-13: 1317332180
DOWNLOAD EBOOKToday human rights represent a primary concern of the international legal system. The international community’s commitment to the protection and promotion of human rights, however, does not always produce the results hoped for by the advocates of a more justice-oriented system of international law. Indeed international law is often criticised for, inter alia, its enduring imperial character, incapacity to minimize inequalities and failure to take human suffering seriously. Against this background, the central question that this book aims to answer is whether the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples points to the existence of an international law that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups. At one level, the book assesses whether international law has responded fairly and adequately to the human rights claims of indigenous peoples. At another level, it explores the relationship between this response and some distinctive features of the indigenous peoples’ struggle for justice, reflecting on the extent to which the latter have influenced and shaped the former. The book draws important conclusions as to the reasons behind international law’s positive recognition of indigenous peoples’ rights, shedding some light on the potential and limits of international law as an instrument of justice. The book will be of great interest to students and scholars of public international law, human rights and social movements.
Children’s Bioethics
Author: Maya Sabatello
Publisher: BRILL
Published: 2009-05-20
Total Pages: 312
ISBN-13: 9047426878
DOWNLOAD EBOOKOnly scant attention has been given to the issue of children’s bioethics. Even when such a discourse took place, it hardly touched upon children as social agents. In this novel work, Maya Sabatello looks at the “body politics” of religious and cultural medical practices - from “harmful traditional practices” to genetic engineering. Building on literature from medical anthropology, cultural studies, disability studies, social sciences, and law, she explores the international discourse on children’s bioethics from a previously uncharted child-centered approach. In light of the existing multiculturalism, she contends that in the discourse on children's bioethics, not only must the medical, social and, anthropological nexus of the child be taken into account, but that incorporating identity claims into the legal discourse is also essential for the child’s voice to be heard.
