Understanding the Sociocultural and Traditional Context of Female Circumcision and the Impact of the Human Rights Discourse

2005 ◽  
pp. 223-247 ◽  
Author(s):  
Corinne Packer
Keyword(s):  
Human Rights ◽  
Female Circumcision ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
The Impact

Human Rights Diffusion in North Korea: The Impact of Transnational Legal Mobilization

2017 ◽  
Vol 5 (1) ◽  
pp. 175-203
Author(s):  
Patricia GOEDDE
Keyword(s):  
Human Rights ◽  
North Korea ◽  
Legal Mobilization ◽  
Human Rights Protection ◽  
The North ◽  
Domestic Legislation ◽  
Evidence Collection ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
The Impact

AbstractThis article asks how legal mechanisms are employed outside of North Korea to achieve human rights diffusion in the country; to what extent these result in human rights diffusion in North Korea; and whether measures beyond accountability can be pursued in tandem for more productive engagement. Specifically, it examines how the North Korean government has interacted with the globalized legal regime of human rights vis-à-vis the UN and details the legal processes and implications of the UN Commission of Inquiry report, including domestic legislation, and evidence collection. While transnational legal mobilization has gathered momentum on the accountability side, it is significantly weaker in terms of achieving human rights protection within North Korea given the government’s perception of current human rights discourse as part of an externally produced war repertoire. Thus, efforts to engage the North Korean population and government require concurrent reframing of human rights discourse into more localized and relatable contexts.

Ethnocultural Diversity and Human Rights: Legal Categories, Claims, and the Hybridity of Group Protection

2014 ◽  
Vol 6 (1) ◽  
pp. 250-317 ◽  
Author(s):  
Gaetano Pentassuglia
Keyword(s):  
Human Rights ◽  
Arctic Region ◽  
The Arctic ◽  
Human Rights Law ◽  
Group Status ◽  
Rights Discourse ◽  
The Individual ◽  
Ethnocultural Diversity ◽  
Human Rights Discourse ◽  
The Impact

In this article I explore the interface between theoretical accounts of the field, the overlapping dimensions of international legal categories in framing ethnocultural claims, as well as the impact of international legal practice, particularly human rights jurisprudence, on addressing those claims both on their own merits and within the wider context of human rights law. By doing so, I seek to provide a perspective on ethnocultural diversity in human rights discourse that is less concerned with issues of group status and right-holding and more interested in capturing complex overarching dimensions surrounding the field. I argue that looking at the nature and structure of claims is as important as discussing how to maximise protection for tightly construed classes of groups – universally and in the Arctic region. In this context, I also argue for a hybrid understanding of group protection that puts strains on rigid conceptual dichotomies between the individual and the group in human rights law.

Doing Justice in South Africa and Canada

2019 ◽  
pp. 239-265
Author(s):  
Brian Stanley
Keyword(s):  
Human Rights ◽  
Racial Justice ◽  
The Holocaust ◽  
The Status ◽  
1960S And 1970S ◽  
Rights Discourse ◽  
The 1960S ◽  
Human Rights Discourse ◽  
The Impact ◽  
Mission Field

This chapter highlights the impact on the churches of the human rights agenda in its application to issues of racial justice and the treatment of indigenous peoples. Most discussions of human rights discourse in the second half of the twentieth century begin with the aftermath of the Second World War and the Holocaust, and the consequent adoption of the Universal Declaration of Human Rights at the Third General Assembly of the United Nations in Paris in December of 1948. Ecumenical leaders, influenced by concerns arising from mission field experience in Asia and Latin America, were determined that the Declaration should go further still, incorporating a full statement of freedom of religion, including the increasingly contested right to convert to another religion. In the course of the 1960s and 1970s, human rights discourse acquired a sharper edge. Alongside its older Cold War use as a weapon against communist totalitarianism there developed a radical human rights tradition that addressed the condition of oppressed groups and spoke the language of liberation. This alternative human rights tradition confronted the churches with a choice—either to realign themselves with the demands for liberation, or to pay the price for their apparent collusion with the status quo.

Housing as a Basic Human Right: A Reflection on South Africa

2019 ◽  
Vol 31 (1) ◽  
Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Social Development ◽  
Urban Poor ◽  
Active Role ◽  
Human Right ◽  
Economic Rights ◽  
Development Agenda ◽  
Rights Discourse ◽  
Human Rights Discourse

This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a prerequisite for the optimum development of individuals, families and communities. Without the other related socio-economic rights, the provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through the Reconstruction and Development Programme, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development-oriented housing delivery.

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

Human Rights Discourse in the Post-9/11 Age

2021 ◽  
pp. 1-4
Author(s):  
John Maerhofer
Keyword(s):  
Human Rights ◽  
Rights Discourse ◽  
Human Rights Discourse
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