Global instruments on HR
The Covenant on Economic,
Social and CulturalRights
The Covenant on Economic, Social and CulturalRights (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 CulturalRights (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
Gender Equality and Culture in Humanitarian Action
Ricardo Fal-Dutra Santos
( 2017 ), ‘ Analyzing Culture as an Obstacle
to Gender Equality in a Non-Western Context: Key Areas of Conflict between
International Women’s Rights and CulturalRights in South
Sudan ’, International Journal of Law and
Political Sciences , 11 : 6 ,
1522 – 36
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.
such as ‘culturalrights’ 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
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).
S chools and the politics of religion and diversity
In the same way, contemporary reflections on respect for human and culturalrights have had an international scope from the outset and their development has been founded on international declarations and conventions
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
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 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.
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 CulturalRights,
and the emergence of an academic debate on the right to science. We then
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).