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
Covenant on Economic, Social and Cultural Rights ’, 3 January , www.ohchr.org/en/professionalinterest/pages/cescr.aspx (accessed 10 July 2020) . United Nations Human Rights, Office of the High Commissioner ( 1976b ), ‘ International Covenant on Civil and Political Rights ’, 23 March
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
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.
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
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
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
. Economic, social, and cultural rights , whose characteristics are: their focus on the socio-economic well-being of citizens and their cultural identity and freedom; their non-immediate obligations – the state’s obligation is to take steps to actively promote these rights. Except for the standards of the minimum core
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.
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