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Patrick Thornberry

Global instruments on HR 7 The Covenant on Economic, Social and Cultural Rights General The Covenant on Economic, Social and Cultural Rights (ICESCR) does not contain a specific article on indigenous groups or – unlike the ICCPR1 – on minorities.2 None the less, concern about the conditions of indigenous life has exercised the Committee on Economic, Social and Cultural Rights (the ESC Committee) on many occasions and will doubtless continue to do so. The Covenant is structured as a programmatic or promotional human rights treaty.3 The basic obligation for the

in Indigenous peoples and human rights
Open Access (free)
Gender Equality and Culture in Humanitarian Action
Ricardo Fal-Dutra Santos

August 2020 ). Leiber , C. ( 2017 ), ‘ Analyzing Culture as an Obstacle to Gender Equality in a Non-Western Context: Key Areas of Conflict between International Women’s Rights and Cultural Rights in South Sudan ’, International Journal of Law and Political Sciences , 11 : 6 , 1522 – 36

Journal of Humanitarian Affairs

In the social sciences, recognition is considered a means to de-escalate conflicts and promote peaceful social interactions. This volume explores the forms that social recognition and its withholding may take in asymmetric armed conflicts. It discusses the short- and long-term risks and opportunities which arise when local, state and transnational actors recognise armed non-state actors (ANSAs), mis-recognise them or deny them recognition altogether.

The first part of the volume contextualises the politics of recognition in the case of ANSAs. It provides a historical overview of recognition regimes since the Second World War and their diverging impacts on ANSAs’ recognition claims. The second part is dedicated to original case studies, centring on specific conflict phases and covering ANSAs from all over the world. Some examine the politics of recognition during armed conflicts, others in conflict stalemates, and others still in mediation and peace processes. The third part of the volume discusses how the politics of recognition impacts practitioners’ engagement with conflict parties, gives an outlook on policies vis-à-vis ANSAs, and sketches trajectories for future research in the field.

The volume shows that, while non-recognition prevents conflict transformation, the recognition of armed non-state actors may produce counterproductive precedents and new modes of exclusion in intra-state and transnational politics.

Katherine Fierlbeck

mechanisms such as ‘cultural rights’ often distort the original intent of democracy, which was, as in Locke’s case, primarily to limit the concentration of political power. The current romanticization of democracy is closely tied to the development of the concept of autonomy. ‘Autonomy’ differs from ‘liberty’ or ‘freedom’ per se insofar as the purpose of an autonomous agent

in Globalizing democracy
Abstract only
Karin Fischer

English-speaking world and, on the other hand, that secularity, understood as combining separation between Church and State and respect for individual freedom of conscience and religion, is in no way a French preserve (despite a French tendency to appropriate it in the European context). 210 210 S chools and the politics of religion and diversity In the same way, contemporary reflections on respect for human and cultural rights have had an international scope from the outset and their development has been founded on international declarations and conventions

in Schools and the politics of religion and diversity in the Republic of Ireland
Open Access (free)
M. Anne Brown

extent shaped the terms in which general debate over human rights in international politics has been repeatedly cast, particularly the polarity of universal and relative values, of the ‘rights of man’ and the citizen’s rights, and of political and economic (or social or cultural) rights. In this construction of rights, the individual’s freedoms or interests may be conceptualised as natural and as (notionally) pre-existing the state; rights are then understood as the exercise and protection of inherent attributes through the medium of the state, as

in Human rights and the borders of suffering

This book is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.

The challenge of Northern Ireland
Duncan Morrow

The Belfast Agreement of 1998 was grounded in explicit declarations of commitment to reconciliation and the first Northern Ireland Programme for Government made pledges to address community divisions and cultural diversity as a priority. However, the political priority of re-establishing devolved government to Northern Ireland resulted not only in the explicit renegotiation of some of the inter-community safeguards within the Agreement but in the neglect of the inter-community elements of policy. Since 2007, the devolved executive has reached a standstill on education, failed to agree an acceptable policy on community relation, shelved commitments to a Single Equality Bill and a Bill of Rights, and, divided on flags, emblems and on dealing with the past, failed to agree policy on parades and cultural rights, and is on the brink of abolishing the housing executive while agreeing to a single-identity carve up. The largest parties in Northern Ireland have moved rapidly away from reconciliation and produced a government of parallel sectarian interest shared out between authoritarian single identity parties. This chapter explores the ideology and practice of abandoning inter-community reconciliation and considers the proposed alternative approaches to pluralism and their potential consequences.

in Tolerance and diversity in Ireland, North and South
From theory to advocacy
Andrea Boggio and Cesare P. R. Romano

remedy to victims of violations in specific cases and cause the development of a body of opinions and other policy outcomes which can contribute, with authority, to defining the content of the right. In the first part of this chapter, we map out the recognition of the right to science under international law, both at the global and regional level. We then look at important international developments, and in particular, the work of the United Nations Special Rapporteur on Cultural Rights, and the emergence of an academic debate on the right to science. We then turn to

in The freedom of scientific research
Author: Sara De Vido

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).