scholarly journals Minority Language Rights

1997 ◽  
Vol 17 ◽  
pp. 11-29 ◽  
Author(s):  
Pádraig Ó Riagáin ◽  
Niamh Nic Shuibhne
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Minority Language ◽  
Economic Rights ◽  
Collective Rights ◽  
Cultural Rights ◽  
Political Processes ◽  
Active Involvement ◽  
Minority Language Rights ◽  
The Subject

Contests over human rights as claims or entitlements to state assistance are how a major, if relatively recent, feature of the socio-political processes and institutions, of modern societies (Turner 1993). Within this wider debate about human rights, the subject of minority rights has long been of concern (Dinstein and Tabory 1992, Sigler 1983). A widely held, but not unanimous, view has emerged which argues that minorities have group or collective rights which cannot be reduced to their human rights as individuals. Linguistic and cultural rights are seen by many scholars as two such overlapping dimensions of collective minority rights (de Varennes 1996, Kymlicka 1995a, Phillipson and Skutnabb-Kangas 1995). In a world of multicultural and multilingual states, so the argument runs, these collective rights can only be guaranteed by the active involvement of states in the implementation of policies which support linguistic and cultural rights, just as in the case of more universally recognized and accepted social and economic rights (Stavenhagen 1990).

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

Introduction

Basic Rights ◽  
2020 ◽  
pp. 5-10
Author(s):  
Henry Shue
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Economic Rights ◽  
Cultural Rights ◽  
Basic Rights ◽  
Subsistence Rights ◽  
To Receive

This introductory chapter provides an overview of basic rights. The wisdom of a U.S. foreign policy that includes attention to “human rights” depends heavily upon which rights are in practice the focus of the attention. The major international documents on human rights include dozens of kinds of rights, often artificially divided into “civil and political” and “economic, social, and cultural” rights. U.S. foreign policy probably could not, and almost certainly should not, concern itself with the performance of other governments in honoring every one of these internationally recognized human rights. The policy must in practice assign priority to some rights over others. It is not entirely clear so far either which rights are receiving priority or which rights ought to receive priority in U.S. foreign policy. The purpose of this book is to present the reasons why the most fundamental core of the so-called “economic rights,” which can be called subsistence rights, ought to be among those that receive priority. The chapter then presents some divergent indications of what the priorities actually are.

Part VI Refugee Rights and Realities, Ch.53 The Right to Work

2021 ◽  
Author(s):  
Costello Cathryn ◽  
O’Cinnéide Colm
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Rights ◽  
Political Processes ◽  
Right To Work ◽  
Degrading Treatment ◽  
Forced Labour ◽  
The Right ◽  
European Regional

This chapter analyses the application of the right to work to asylum seekers and refugees, examining the right under international human rights law of global scope, in particular under the International Covenant on Economic, Social and Cultural Rights. While that instrument is often perceived as being normatively weak, due in part to a misunderstanding about the ‘progressive realization’ standard, the chapter highlights States’ immediate ‘minimum core’ obligations under the right to work. It also assesses the right under African, Inter-American, and European regional human rights mechanisms. Some deprivations of the right to work may entail breaches of regional treaties, directly or indirectly. Restrictions on the right to work may also contribute to violations of absolute rights, such as the prohibitions on inhuman and degrading treatment, or forced labour. The chapter then looks at two possible means of securing the right to work, namely domestic litigation and transnational political processes.

scholarly journals Neglecting Social and Economic Rights Violations in Transitional Justice: Long-Term Effects on Accountability: Empirical Findings from the Extraordinary Chambers in the Courts of Cambodia

2018 ◽  
Vol 37 (2) ◽  
pp. 95-124
Author(s):  
Tine Destrooper
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Blind Spot ◽  
Political Rights ◽  
Long Term Effects ◽  
Economic Rights ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
International Profile

This article builds on theories about the expressive function of law and uses Structural Topic Modelling to examine how the prioritisation of civil and political rights (CPR) issues by the Extraordinary Chambers in the Courts of Cambodia (ECCC) has affected the agendas of Cambodian human rights NGOs with an international profile. It asks whether these NGOs’ focus on CPR issues can be traced back to the near-exclusive focus on CPR issues by the court, and whether this has implications for the creation of a “thick” kind of human rights accountability. It argues that, considering the nature of the Khmer Rouge's genocidal policy, it would have been within the mandate and capacity of the court to pay more attention to actions that also constituted violations of economic, social, and cultural rights (ESCR). The fact that the court did not do this and instead almost completely obscured ESCR rhetorically has triggered a similar blind spot for ESCR issues on the part of human rights NGOs, which could have otherwise played an important role in creating a culture of accountability around this category of human rights. Does this mean that violators of ESCR are more likely to escape prosecution going forward?

Religious Pluralism and Human Rights in Europe: Where to Draw the Line? Religion, Secular Beliefs and Human Rights, 25 Years After the 1981 Declaration

2008 ◽  
Vol 15 (4) ◽  
pp. 539-544
Author(s):  
Nazila Ghanea
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Minority Rights ◽  
Policy Implications ◽  
Freedom Of Religion ◽  
Freedom Of Association ◽  
Cultural Rights ◽  
The Social ◽  
Vexing Question ◽  
Do So

AbstractThese two books address the vexing question of human rights and freedom of religion or belief essentially in two different contexts and from two different perspectives: the European and the international. They do so in a broad manner, addressing the social, political, legal and policy implications of religion at large as well as freedom of religion or belief itself. From an overview of both, it can be seen that neither minority rights, cultural rights, freedom of expression nor freedom of association compensate the absence of freedom of religion or belief in human rights terms.

scholarly journals Multiculturalism, Identity Claims, and Human Rights: From Politics to Courts

2016 ◽  
Vol 10 (2) ◽  
pp. 367-404 ◽  
Author(s):  
Neus Torbisco-Casals
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
Political Rhetoric ◽  
Freedom Of Association ◽  
Cultural Rights ◽  
Political Processes ◽  
European Court ◽  
And Gender ◽  
Ethnicity And Gender ◽  
Political Backlash

Abstract Across Europe, courts (both domestic and international) are increasingly playing a central role in dealing with identity-driven conflicts across deeply entrenched ethnocultural divides. At the outset, many of these controversies are seemingly religious or cultural disputes, involving the interpretation of individual rights such as freedom of conscience, freedom of association, and freedom of religion. Yet if we scratch beyond the surface, there is much more at stake in these disputes, or so this paper contends. Broader disagreements that confront majority and minority cultures regarding group rights and the shifting intersections between religion, ethnicity, and gender are played out in these judicial battles. The paper traces the so-called “crisis of multiculturalism” in the European political rhetoric and practice and highlights its impact on the de-juridification of cultural rights and on the tendency to seek accommodation through litigation (typically by minority litigants increasingly frustrated with the political backlash against their rights). It then inquires into the prospects of this strategy, pointing out the limitations courts face when adjudicating identity conflicts pertaining to minority groups traditionally disadvantaged in mainstream political processes. These concerns are illustrated through revisiting a number of controversies over Muslim veils that have been resolved by the European Court of Human Rights. The paper cautiously concludes that a shift toward more participatory political processes is more likely to mitigate the decline of progressive forms of multiculturalism and consolidate minority rights.

The African Commission on Human and Peoples' Rights and the Demystification of Second and Third Generation Rights under the African Charter: Social and Economic Rights Action Center (SERAC) and the Center for Economic and Social Rights (CESR) v. Nigeria

2005 ◽  
Vol 1 (2) ◽  
pp. 129-146 ◽  
Author(s):  
Justice C. Nwobike
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Economic Rights ◽  
Oil Companies ◽  
Cultural Rights ◽  
Right To Development ◽  
Failure To Protect ◽  
Action Center ◽  
The Right ◽  
African Commission

AbstractThis article argues that the decision of the African Commission on Human and Peoples' Rights in the Ogoni case represents a giant stride towards the protection and promotion of economic, social and cultural rights of Africans. This is predicated on the African Commission's finding that the Nigerian Government's failure to protect the Ogoni people from the activities of oil companies operating in the Niger Delta is contrary to international human rights law and is in fact a step backwards since Nigeria had earlier adopted legislation to fulfill its obligation towards the progressive realization of these rights. The findings of the African Commission demonstrate that economic, social and cultural rights are not vague or incapable of judicial enforcement. They also illustrate how the Charter can be interpreted generously to ensure the effective enjoyment of rights. Novel and commendable as the decision is, it is not without its shortcomings. These shortcomings lie in the failure of the Commission to pronounce on the right to development, its silence on the desirability of holding transnational corporations accountable for human rights violations, and the institutional weakness of the Commission in enforcing its decisions.

scholarly journals Derechos colectivos y Teoría del Derecho. Más ideología que teoría = Collective Rights and Legal Theory. More ideology than theory

2019 ◽  
pp. 100
Author(s):  
José María Sauca
Keyword(s):  
Conceptual Analysis ◽  
Legal Theory ◽  
Theoretical Treatment ◽  
Philosophical Perspective ◽  
Collective Rights ◽  
Cultural Rights ◽  
Theoretical Approaches ◽  
Palabras Clave ◽  
The Subject ◽  
Controversial Nature

Resumen: El tratamiento teórico de los derechos colectivos y su carácter polémico mantienen una importante actualidad tanto desde la perspectiva filosófico política y moral como desde la correspondiente a la dogmática jurídica. Sin embargo, los tratamientos de dicha categoría formulados por la teoría jurídica están recibiendo un menor e injustificado interés. En el presente trabajo se presta especial atención al estudio de los trabajos de Caracciolo y Jovanović en la materia y se concluye en que las pretendidas aproximaciones teóricas de análisis conceptual colapsan en una aproximación ideológica sobre la aceptación o rechazo de la categoría. Palabras clave: Teoría e ideología, derechos, derechos culturales. Abstract: The theoretical treatment of collective rights and their controversial nature maintain important relevance both from the political and moral philosophical perspective and from that corresponding to legal dogmatics. However, the treatments of this category formulated by legal theory are receiving less and unjustified attention. In this paper, special attention is given to the study of Caracciolo, and Jovanović’s respective works on the subject. It concludes that the intended theoretical approaches of conceptual analysis collapse into an ideological approach on the acceptance or rejection of the category. Keywords: Theory and ideology, rights, cultural rights.

Socio-economic rights

2020 ◽  
pp. 105-116
Author(s):  
Giovanni Farese
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Critical Analysis ◽  
Historical Development ◽  
International Human Rights ◽  
Economic Rights ◽  
Cultural Rights ◽  
Nation States ◽  
Development Goals ◽  
International Human

Chapter 8 provides a critical analysis of some of the difficulties experienced in attempting to promote the development of universal social and economic rights. It discusses the importance of ideology, human agency and power in the historical development of concepts of socio-economic rights in nation-states and then in international human rights mechanisms such as the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also discusses contemporary attempts by NGOs and other campaigning organisations to develop internationally agreed sustainable development goals (SDGs) and to promote the recognition and realisation of universal socio-economic rights globally.

scholarly journals Cultural Rights as Human Rights and the Impact on the Expression of Arts Practices

2021 ◽  
Vol 3 (1) ◽  
pp. 17-30
Author(s):  
Josephine Caust
Keyword(s):  
Human Rights ◽  
Social Equity ◽  
Rapid Rate ◽  
Human Right ◽  
Cultural Rights ◽  
The Subject ◽  
The Impact ◽  
National Framework

Cultural rights are becoming an increasingly important area of human rights discussion given the association between culture, identity and social equity. The subject is considered here in the context of how the absence of cultural rights influences both the recognition of the diversity of cultures and the capacity of some to access and practice art. Culture and arts practices are intertwined but certain arts practices are prioritised over others by funding bodies, governments and institutions. Recent examples from Australia are highlighted, in which changes to the cultural makeup of the country are occurring at a rapid rate without adequate responses from governments to address funding inequities. It is argued here that unless cultural rights are seen as a basic human right and embedded in the legal national framework, then sectors of the broader community are disenfranchised.

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