To be Karen in the Thai–Burma borderlands: identity formation through the prism of a human rights discourse

2015 ◽  
Vol 18 (1) ◽  
pp. 74-94 ◽  
Author(s):  
Rachel Sharples
2012 ◽  
Vol 37 (2-3) ◽  
pp. 173-230 ◽  
Author(s):  
Petr Preclik

AbstractThis article explores the current human-rights discourse in the Russian Federation through its relationship with the Council of Europe, the strongest human-rights regime that Russia has signed up for. Against the background of current international-relations theories, the article argues that human-rights scholarship should re-introduce the concept of culture into its research designs in order to be able to explain the interaction between cultural groupings and globally dominant discourses, such as human rights. The article further argues that human rights ought to be conceptualized as symbolic technologies and studied as discursive variables that enter the cycle of national-identity formation. To that end, I use the contestation thesis proposed by Andrei Tsygankov. The article concludes that Russia is currently actively securing itself against the dominant and universal human-rights discourse, which is perceived as hindering independent societal development in Russia. This state of securization is illustrated in the current debates within PACE on topics connected with human rights and Russia.


Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa

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.


2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa

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.


2009 ◽  
pp. 541-563
Author(s):  
Clelia Bartoli

- This paper will deal with the issue of human rights and multiculturalism away from cultural relativism and universalism while taking inspiration from Nietzsche's Moral Genealogy. In particular, the concepts of karma, dharma and trivarga (an indian traditional form of particularism in the law) will be explained as they are expressed in the Bhagavad Gita, one of the most important texts of Indian philosophical literature. From this analysis it will emerge the impossibility of deducing the idea of human rights from the Sanskrit text. Not because the Bhagavad Gita adopts a communitarian conception of the self but because it entails a very complex and interesting idea of freedom which is little compatible with contemporary human rights discourse. Then, it will be quoted a criticism against the Bhagavad Gita based on the historical genealogy of cultural values, as it was formulated by B.R. Ambedkar - Chairman of the Drafting Committee of Indian Constitution. Finally, this writing will highlight some of the misunderstandings revolving around human rights and multiculturalism. This will be done while suggesting a genealogical approach where different intellectual and law traditions challenge and implement each other, rather than being locked in a sterile mutual respect.


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