Human Rights

Anthropology ◽  
2013 ◽  
Author(s):  
Samuel Martínez ◽  
Catherine Buerger

Once considered a topic that held little interest for cultural anthropologists, human rights became a focus of growing anthropological concern over the 1990s and 2000s. Important publications now number in the hundreds, even when limited (as this article is) only to works by cultural anthropologists (and not forensic anthropologists), which directly reference human rights (and not works that are relevant but make no more than a passing mention of human rights). As Annelise Riles aptly summarizes in her article “Anthropology, Human Rights, and Legal Knowledge: Culture in the Iron Cage” (Riles 2006, p. 53, cited under International Legal Epistemology), anthropologists have turned “from treating human rights doctrines, actors, and institutions as instruments to be used (e.g., as a tool of advocacy on behalf of indigenous peoples) to treating them as subjects of ethnographic research, on par with other ethnographic subjects.” What was a discussion of anthropology and human rights has thus evolved into a research subfield, the anthropology of human rights, offering field research–based examinations of place- and time-specific encounters among the promoters of human rights universalism (a term coined by Mark Goodale in Goodale 2009, cited under General Overviews) and diverse communities of sufferers of human-inflicted harms. Whether current scholarship in anthropology focuses on human rights as practice or as discourse, its common signature is to foreground the local, national, and international political and economic processes in which human rights and larger social justice projects are embedded. Two publications that appeared in 1997 marked a watershed in the development of new modes of anthropological engagement with human rights. One, the contributory volume edited by Richard Wilson, Human Rights, Culture and Context (Wilson 1997, cited under General Overviews), anticipated research and writing relating to both the practice and discourse of human rights. The other, a Journal of Anthropological Research special issue on Human Rights, edited by Carole Nagengast and Terence Turner, articulated a new view of culture’s relationship to human rights, not as an argument against ethical universals but an argument for the embeddedness of ethics within any human group’s encompassing way of life (see Hatch 1997, Messer 1997, and Nagengast 1997, all cited under Pros and Cons of Cultural Relativism; and Turner 1997, cited under Cultural Rights). Even if the year 1997 seems an arbitrary dividing line between the eras of “anthropology and human rights” and the “anthropology of human rights,” there is nonetheless a disciplinary consensus that anthropology’s engagement with human rights has undergone significant changes in its guiding concerns, approaches, orientations, and commitments.

1997 ◽  
Vol 46 (4) ◽  
pp. 812-830 ◽  
Author(s):  
Anthony Mason

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”.


Author(s):  
Khafaji Mohammed Abduladheem Neamah AL ◽  

Introduction. The article is devoted to the problems of correlation of international standards in the field of human rights, based on the liberal values of Western civilization, with regional acts of Muslim countries, correlating with Islam. The study analyzes various points of view of scientists on the issues of universalism of human rights and cultural relativism. The author adheres to the position that the content of human rights and freedoms in each specific community is heterogeneous and depends on its cultural, historical, religious and moral development. Theoretical analysis. The problem of the correlation of concepts in the field of human rights is primarily associated with the different approaches of the existing legal systems to the perception of human rights and freedoms. The theocentric approach, which is shared in the Muslim world, is the opposite of the liberal one, which is based on anthropocentricity. Most of the Muslim countries have signed and ratified international treaties on human rights, but made numerous reservations indicating the possibility of realizing a complex of human rights from the perspective of Islam. Empirical analysis. Despite the difference in views on the scope and content of human rights, Muslim countries strive to implement the international human rights standard. Regional acts of Muslim countries in the field of human rights, developed in the second half of the 20th century, have been severely criticized by human rights organizations on gender and family regulation, religious freedom, self-determination, etc. Currently, the Organization of Islamic Cooperation has developed a Declaration on Human Rights. offering a modern formulation of the position of Muslim countries on human rights. This act is aimed, on the one hand, at convergence of legal positions with the Universal Declaration of Human Rights, on the other hand, it protects basic Islamic values. Results. The study of regional acts of Muslim countries in the field of human rights regulation, modern Muslim concepts of human rights allowed the author to conclude that Muslim countries strive not only to participate in the discussion on human rights, defending their civilizational identity, but also to find points of convergence of Islamic views on human rights with international standards.


The goal of a human rights-based approach to education is simple that is to assure every child a quality education that respects and help promotes her or his right to dignity and optimum development. However due to the involvement of politics in education for once own greed, and to gain power, has made this right to look down upon. Many recent incidents and cases have shown the pros and cons of the involvement of politics in Education and its effect on the life of students, and their future. Therefore, achieving this goal is, however, enormously more complex. As we all know education is the most powerful tool of mankind. And for students to educate properly and along with getting to learn new things, to grow properly some rights should be provided to them. These rights may be cultural or political and these can be direct or in direct. So in this article we have concentrated on the educational rights of students and then how they face different kinds of difficulties in educational institutes’ .we have discussed corruption and reservation in institutes then we have described about recent events related to political and cultural rights of students in educational institutes. This research paper deals all the above said points proven and it has drawn arguments and counter arguments as well.


Author(s):  
Jérémie Gilbert

The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace, and security, but it is also intimately connected to the political, economic, social, and cultural rights of individuals and communities relying on these resources. Bad management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms, and weak policies coupled with a continued denial of human rights of local communities. This book analyses in details the connections that exist between the management of natural resources and human rights, offering a new innovative human rights-based approach to natural resources management. To do it offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.


2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome

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.


Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.


2004 ◽  
Vol 21 (3) ◽  
pp. 70-88 ◽  
Author(s):  
Nancy Gallagher

Public opinion in the United States and elsewhere celebrated the liberation of Afghan women following the defeat of the Taliban government. The United States promised to stay in Afghanistan and foster security, economic development, and human rights for all, especially women. After years of funding various anti- Soviet Mujahidin warlords, the United States had agreed to help reconstruct the country once before in 1992, when the Soviet-backed government fell, but had lost interest when the warlords began to fight among themselves. This time, however, it was going to be different. To date, however, conditions have not improved for most Afghan women and reconstruction has barely begun. How did this happen? This article explores media presentations of Afghan women and then compares them with recent reports from human rights organizations and other eyewitness accounts. It argues that the media depictions were built on earlier conceptions of Muslim societies and allowed us to adopt a romantic view that disguised or covered up the more complex historical context of Afghan history and American involvement in it. We allowed ourselves to believe that Afghans were exotic characters who were modernizing or progressing toward a western way of life, despite the temporary setback imposed by the Taliban government. In Afghanistan, however, there was a new trope: the feminist Afghan woman activist. Images of prominent Afghan women sans burqa were much favored by the mass media and American policymakers. The result, however, was not a new focus on funding feminist political organizations or making women’s rights a foreign policy priority; rather, it was an unwillingness to fulfill obligations incurred during decades of American-funded mujahidin warfare, to face the existence of deteriorating conditions for women, resumed opium cultivation, and a resurgent Taliban, or to commit to a multilateral approach that would bring in the funds and expertise needed to sustain a long-term process of reconstruction.


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