Economic, Social, and Cultural Rights

The World ◽

Civil And Political Rights

Economic, social, and cultural rights (ESCRs) emerged in the twentieth century as the set of “second-generation” rights after civil and political rights (CPRs). ESCRs represent the “equality” phase of human rights after the “liberty” aspect of CPRs. Despite having achieved legal respect and parity with all other CPRs, ESCRs are often perceived as having less legal clarity and required compliance in practice. ESCRs, however, have a substantial doctrine for many rights of progressive development or realization. In addition to progressive development of all the rights in the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR), the Economic, Social and Cultural Rights Committee, which explains and monitors that treaty, has established a set of core obligations of states. Despite the problems inherent in the process of monitoring ESCRs, there are three major institutions which review the state of ESCRs in the world today: the United Nations (UN), states parties, and non-governmental organizations (NGOs). Additionally, the general direction of the literature on ESCRs is geared towards implementation and promotion of these rights. However, there is a tendency to examine ESCR violations that have a link to CPRs or to UN peace projects. There have also been various initiatives affecting second- and especially third-generation rights, such as the protection of indigenous peoples.

The Rights of Indigenous Peoples in Lands Once Part of the Old Dominions of the Crown

International and Comparative Law Quarterly ◽

10.1017/s0020589300061224 ◽

1997 ◽

Vol 46 (4) ◽

pp. 812-830 ◽

Cited By ~ 2

Author(s):

Anthony Mason

Keyword(s):

Human Rights ◽

Indigenous Peoples ◽

Moral Foundations ◽

Political Rights ◽

Land Resources ◽

Way Of Life ◽

Cultural Rights ◽

The World ◽

Rights Issue

Of all the rights of indigenous people, none is more central to the survival of their culture than the claim to their ancestral lands. The resolution of their claims to ancestral lands is one of the fundamental issues of our time—indeed of all time. Often called a human rights issue—a description apt to reinforce the strong moral foundations of the claims of the indigenous peoples—it is an issue which we cannot ignore. Throughout the world people of all races and all colours have a powerful emotional attachment to their ancestral lands. That attachment is the very core of a people's culture and is vital to the survival of the culture. As the UN Human Rights Committee has recognised, in the context of the exercise of cultural rights protected by Article 27 of the International Covenant on Civil and Political Rights, “culture manifests itself in many forms, including a particular way of life associated with the use of land resources”.

Human Right to Environment and Its Effective Protection in Catalonia, Spain and Europe

International Journal of Legal Information ◽

10.1017/s073112650002833x ◽

2014 ◽

Vol 42 (1) ◽

pp. 121-134

Author(s):

Alexandre Peñalver i Cabré

Keyword(s):

Human Rights ◽

First Generation ◽

18Th Century ◽

Third Generation ◽

Political Rights ◽

Human Right ◽

Effective Protection ◽

Cultural Rights ◽

Additional Layer ◽

Civil And Political Rights

Human Right to Environment is one the most relevant Third Generation Human Rights which includes new universal needs arisen from the last third of 20th century. These new human rights add as an additional layer to the First Generation Human Rights (civil and political rights from the end of 18th century) and to the Second Generation Human Rights (economic, social and cultural rights from 19th century).

Towards the fulfilment of three generations of rights: A theological contribution by Koos Vorster

In die Skriflig/In Luce Verbi ◽

10.4102/ids.v46i1.45 ◽

2012 ◽

Vol 46 (1) ◽

Author(s):

Nico N. Koopman

Keyword(s):

Human Rights ◽

First Generation ◽

Second Generation ◽

Social Economic ◽

Civic Virtue ◽

Third Generation ◽

Political Rights ◽

Cultural Rights ◽

Three Generations ◽

Civil And Political Rights

In this article the theological contribution of Koos Vorster to human rights discourses was discussed. It was shown how he focused upon all three generations rights, namely the first generation civil and political rights, second generation social, economic and cultural rights, and third generation developmental and ecological rights. He appreciates the importance of nurturing citizens and leaders of public and civic virtue and character for the implementation of rights and the creation of a human rights culture. He also gives special attention to the implementation of ecological rights and therefore discussed various forms of ecocide. Ultimately, Vorster stimulates systematic theological discourses on ecological rights by viewing the implementation of ecological rights as a theological matter. It had to do with the heart of Christian faith.Aangaande die vervulling van drie generasies van regte: ‘n Teologiese bydrae deur Koos Vorster. In hierdie artikel was die teologiese bydrae van Koos Vorster tot menseregte-diskoerse bespreek. Dit dui aan dat hy op al drie generasies van menseregte gefokus het, naamlik eerste generasie burgerlike en politieke regte, tweede generasie sosiale, ekonomiese en kulturele regte en derde generasie ontwikkelings- en ekologiese regte. Hy waardeer die belangrikheid van die vorming van burgers en leiers van burgerlike en openbare deug en karakter vir die implementering van regte en die bou van ‘n menseregtekultuur. Hy het spesiale aandag gegee aan die implementering van ekologiese regte en hy het derhalwe die verskillende vorme van die vernietiging van die natuurlike omgewing bespreek. Hy stimuleer sistematies-teologiese denke oor ekologiese regte. Hy het die implementering van ekologiese beskou as ‘n teologiese saak. Dit het met die hart van die Christelike geloof te make gehad.

Between Equality and the Right to Be Different—The Politicization of Concepts in the Fight against Discrimination Due to Sexual Orientation

Sexes ◽

10.3390/sexes2020013 ◽

2021 ◽

Vol 2 (2) ◽

pp. 151-162

Author(s):

Bruno Ferreira Costa

Keyword(s):

Sexual Orientation ◽

Case Law ◽

Political Rights ◽

Political Actors ◽

The Public ◽

The Right ◽

Globalized World

The debate around the principle of equality and the theme of discrimination around sexual orientation has been one of the most relevant in the process of ensuring the spread of human rights. After ensuring a set of civil and political rights, several groups and social movements have warned political actors of the need to look at each citizen’s individuality and guarantee through legislation and daily practices, respect for that individuality. This process is being conducted around the dichotomy between the concepts of equality and difference. It is from this analysis of the two concepts that we come across the theme of the rights of the lesbian, gay, bisexual, transvestite, transexual and transgender (LGBTQ+) community. With a qualitative approach, and while referring to the historical path of this theme, we review the central concepts in the promotion of equality and analyze the dichotomy between equality and difference. We ask, in an increasingly globalized world, does it make sense to point out difference as a mechanism for the defense of equality? Using semiotics, we approach the two central concepts and the political effort to normalize this theme to the public, using the Portuguese case (law and Non-Governmental organizations action) to characterize the central debate on equality and difference.

The Human Rights Covenants at 50

10.1093/oso/9780198825890.001.0001 ◽

2018 ◽

Keyword(s):

Human Rights ◽

General Assembly ◽

Political Rights ◽

Cultural Rights ◽

Human Rights Treaties ◽

The World ◽

Un General Assembly ◽

New Challenges ◽

First And Second Generation

Half a century ago, on 16 December 1966, the UN General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). While the adoption of the twin Covenants was celebrated all over the world, their fiftieth anniversary has received very little attention from the international community. This book marks this anniversary by taking stock of the first half-century of the existence of what are probably the world’s two most important human rights treaties. It does so by reflecting on what the Covenants have achieved (or failed to achieve) in the years that have passed, determining and comparing their current influence in the various regions of the world, and assessing their potential roles in the future. The book contains papers presented during a symposium held in Zurich in 2016, which brought together experts and stakeholders from a range of disciplines and world regions. Some fundamental issues addressed by the contributors are as old as the two Covenants themselves. They concern, for example, the division of human rights into first- and second-generation rights, and the question of whether there should be one central monitoring body—possibly a world court—or more than just one. Other important questions dealt with are how the Covenants should be interpreted and who is bound by them. However, the contributors go beyond such questions, which have been explored before; they develop new answers to old questions and point to new challenges.

Hunting by Indigenous Peoples of Charismatic Mega-Fauna: Does Human Rights Approach Challenge the Way Hunting by Indigenous Peoples is Regulated?

International Community Law Review ◽

10.1163/187197308x346823 ◽

2008 ◽

Vol 10 (3) ◽

pp. 295-318 ◽

Cited By ~ 4

Author(s):

Kamrul Hossain

Keyword(s):

Human Rights ◽

Indigenous Peoples ◽

Minority Groups ◽

Self Determination ◽

Political Rights ◽

Cultural Rights ◽

Underdeveloped Area ◽

Regulatory Approach ◽

The Right

AbstractTwo International Covenants (the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) in common Article 1 highlighted that 'all peoples' have the right to self-determination to freely determine their 'political status' and freely dispose of their 'natural wealth and resources'. The International Covenant on Civil and Political Rights, in Article 27 provides protection of the rights belonging to minority cultures, religion and language. The idea of 'indigenous peoples' was apparently an underdeveloped area at the time of the adoption of the Covenants. The concept of indigenous peoples' rights has developed relatively recently. Thus, whether indigenous peoples are 'peoples' within the meaning of the Covenant, and thereby may be capable of enjoying the right to self-determination has been an unsettled case. When in many countries indigenous peoples form a minority, they are, however, identical as distinct from other minority groups in those countries because of their own way of livelihood and preservation of traditional culture and knowledge. Recent normative development pronounced by the Human Rights Committee suggests that indigenous peoples should be treated as 'peoples' within the meaning of Article 1 of the Covenant and as 'people' they have right to enjoy their traditional way of livelihood including right to enjoy their culture. Thus, the main focus of the article is to examine whether a human rights approach to indigenous peoples' rights has evolved to challenge the international regulatory approach currently applicable to the management of Whale and Polar Bear regime and their traditional hunt by the indigenous peoples.

The Integral Nature of Ethnicity and Religion during Northern Ireland’s Troubles

Explorations in Ethnic Studies ◽

10.1525/esr.2018.411204 ◽

2018 ◽

Vol 41 (1-2) ◽

pp. 9-18

Author(s):

Peter Crowley

Keyword(s):

Religious Identity ◽

Historical Narratives ◽

Complex Nature ◽

Political Rights ◽

The Troubles ◽

Religious Conflicts ◽

The World ◽

Sectarian Conflict ◽

Religious Other

Northern Ireland’s Troubles conflict, like many complex conflicts through the world, has often been conceived as considerably motivated by religious differences. This paper demonstrates that religion was often integrated into an ethno-religious identity that fueled sectarian conflict between Protestants and Catholics in Northern Ireland during the Troubles period. Instead of being a religious-based conflict, the conflict derived from historical divides of power, land ownership, and civil and political rights in Ireland over several centuries. It relies on 12 interviews, six Protestants and six Catholics, to measure their use of religious references when referring to their religious other. The paper concludes that in the overwhelming majority of cases, both groups did not use religious references, supporting the hypothesis on the integrated nature of ethnicity and religion during the Troubles. It offers grounding for looking into the complex nature of sectarian and seemingly religious conflicts throughout the world, including cases in which religion acts as more of a veneer to deeply rooted identities and historical narratives.

The Great Eastern Crisis (1875–1878) as a global humanitarian moment

Journal of Global History ◽

10.1017/s1740022821000085 ◽

2021 ◽

pp. 1-26

Author(s):

Adrian Ruprecht

Keyword(s):

Civil Society ◽

Institutional Arrangements ◽

Red Cross ◽

Colonial India ◽

The Balkans ◽

The World ◽

Global Spread ◽

Global Movement

Abstract This article explores the global spread of the Red Cross and Red Crescent movement to colonial India. By looking at the Great Eastern Crisis (1875–78) and the intense public ferment the events in the Balkans created in Britain, Switzerland, Russia and India, this article illustrates how humanitarian ideas and practices, as well as institutional arrangements for the care for wounded soldiers, were appropriated and shared amongst the different religious internationals and pan-movements from the late 1870s onwards. The Great Eastern Crisis, this article contends, marks a global humanitarian moment. It transformed the initially mainly European and Christian Red Cross into a truly global movement that included non-sovereign colonial India and the Islamic religious international. Far from just being at the receiving end, non-European peoples were crucial in creating global and transnational humanitarianism, global civil society and the world of non-governmental organizations during the last third of the nineteenth century.

Democratization, Nationalism and Regional Security in the Southern Caucasus

Government and Opposition ◽

10.1111/j.1477-7053.1997.tb00777.x ◽

1997 ◽

Vol 32 (3) ◽

pp. 399-420 ◽

Cited By ~ 10

Author(s):

S. Neil MacFarlane

Keyword(s):

International Development ◽

The United States ◽

Regional Security ◽

Political Rights ◽

The European Union ◽

Pressure Groups ◽

Democratic Reform ◽

Independent States

FOR SOME YEARS NOW, WESTERN ACADEMICS AND POLICY-MAKERS HAVE embraced the cause of democratic reform in Central and Eastern Europe. To take but one well-known example, President Clinton in the 1994 State of the Union Address cited the absence of war among democracies as a reason for promotion of democracy around the world. Assistance to former Warsaw Pact and newly independent states has been made conditional to varying degrees on the acceptance of democratic change. The Organization for Security and Cooperation in Europe, the European Union, the United States Agency for International Development and associated non-governmental organizations have unleashed armies of promoters of democracy throughout the region to: observe elections; monitor human rights; draft new constitutions and laws defending civil and political rights; train judges and police personnel; and organize and assist political parties, media and non-governmental pressure groups. In short, they have sought to transplant the fabric of civil society and democratic institutions. These armies have landed on terrain often quite foreign to them and have often displayed little sensitivity to the social, economic and political context in which they are operating. This may have contributed to results other than those intended.

A typology of social change agendas in Australian arts organizations and NGOs

Journal of Arts & Communities ◽

10.1386/jaac_00021_1 ◽

2020 ◽

Vol 12 (1-2) ◽

pp. 23-40

Author(s):

Brydie-Leigh Bartleet ◽

Gillian Howell

Keyword(s):

Social Change ◽

Positive Change ◽

Future Research ◽

Arts Organizations ◽

Research Practice ◽

The World ◽

Creative Artists

An increasing number of creative artists, arts organizations and non-governmental organizations (NGOs) are working on socially-engaged initiatives that aim to bring about positive change in communities. Examples of outstanding arts practices can be found throughout the world; however, there are major gaps in our understanding about how this work operates. Drawing on insights from 100 Australian arts organizations and NGOs working in this field, this article aims to address some of these gaps. It outlines a typology of change agendas in these organizations, in order to advance a deeper understanding of this field and inform future research, practice and policy.