THE COLLECTIVE RIGHTS IN THE CONDITIONS OF LIBERAL MULTICULTURAL SOCIETIES AND THEIR LEGAL NATURE

2016 ◽  
Vol 4 (2) ◽  
pp. 85-95
Author(s):  
Борис Молчанов ◽  
Boris Molchanov ◽  
Григорий Стародубцев ◽  
Grigoriy Starodubtsyev ◽  
Жанна Иванова ◽  
...  
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
International Law ◽  
Political Representation ◽  
Individual Rights ◽  
Way Of Life ◽  
Collective Rights ◽  
Language Minorities ◽  
Legal Nature ◽  
Individual Human

In article individual human rights on cultural identity, political representation or on participation in the collective or group rights in the sphere of human rights in the liberal states are analyzed. Especially international law gives the collective rights for physical existence, protection against economic and cultural destruction and originality preservation ethnic, religious and language minorities. In detail also the legislation of a number of the states on a combination of the collective and individual rights of the small people for protection of their primordial habitat, a traditional way of life, customs, managing and crafts is in details analysed.

An Afro-Communitarian Compatibilist View on Rights?

Theoria ◽  
2019 ◽  
Vol 66 (159) ◽  
pp. 142-154 ◽  
Author(s):  
Siseko H. Kumalo
Keyword(s):  
Human Rights ◽  
African Philosophy ◽  
Individual Rights ◽  
Collective Rights ◽  
Civil Union ◽  
Legislative Framework ◽  
African Charter ◽  
Rights Discourse ◽  
The Individual ◽  
Individual Human

The historical debate, in African philosophy, on personhood has been characterised by radical and moderate communitarianism seen through the scholarship of Menkiti (1984) and Gyekye (1997) and continues contemporarily with scholars considering its implications on contemporary conceptions of rights.Responding to Chemhuru’s compatibilist view that, he maintains, safeguards and guarantees individual rights, I showcase how his conception of the community as prior to the individual betrays his project. Using the African Charter on Human and Peoples Rights to contextualise rights discourse in Afro-communitarianism, Chemhuru avers that once collective rights have been gained, individuals can claim their rights. I critique this position to suggest that Chemhuru undermines his own project of compatibilism through placing the community prior to the individual. Using the Civil Union Act (2006) as a legislative framework that safeguards and guarantees individual human rights, I test Chemhuru’s compatibilist view. I conclude by highlighting the divergences between constitutionalism and Afro-communitarianism.

Contesting Self-determination in the Wake of Empire: Sovereignty, Human Rights and Economic Justice

2020 ◽  
Vol 89 (1) ◽  
pp. 67-93
Author(s):  
Miriam Bak McKenna
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
International Economic Order ◽  
Self Determination ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Historical Accounts ◽  
East West ◽  
Individual Human

This article considers the ways in which geo-political and legal concerns materialised in debates over self-determination in the years following decolonisation, and how they impacted on its’ possibilities, objectives and conception. During this period, self-determination was not, as some scholars have argued, a declining norm, but one central to the competing visions of reinventing international law after empire. These varying articulations were largely shaped by the experience of colonialism and its ongoing effects, along with the ideological confrontation between East-West and North-South. One articulation stressed the primacy of political and economic sovereignty, prominently seen in calls for the establishment of a New International Economic Order. The other sought to integrate self-determination into the elevation of democratic governance and individual human rights protection. Examining these alternative formulations of self-determination, underlines the incompleteness of mainstream historical accounts, and may throw light upon continuing anxieties over its current legal status.

Marginalisation of the Waata Oromo Hunter–Gatherers of Kenya: Insider and Outsider Perspectives

Africa ◽  
2004 ◽  
Vol 74 (2) ◽  
pp. 194-216 ◽  
Author(s):  
Aneesa Kassam ◽  
Ali Balla Bashuna
Keyword(s):  
Cultural Identity ◽  
National Parks ◽  
Wildlife Conservation ◽  
Political Representation ◽  
Point Of View ◽  
Way Of Life ◽  
Social Activist ◽  
Hunter Gatherers ◽  
Northern Kenya ◽  
British Colonial

AbstractThis paper examines how the way of life of a little known group of hunter–gatherers, the Waata Oromo, was brought to an end through British colonial wildlife conservation laws and the creation of national parks in Kenya. Through this policy and that of the containment of ethnic groups to ‘tribal reserves’, the Waata lost their place in the regional economic system and suffered loss of cultural identity. It also meant that when Kenya gained independence, the Waata were not recognised as a distinct entity with rights to their own political representation. Instead, they became appendages of the dominant pastoral groups with which they had been associated. They were thus doubly marginalised, in both economic and political terms. The paper describes how this situation has led some Waata in northern Kenya to claim separate ethnic status. It discusses the problem from the point of view of a Waata social activist and of an anthropologist. These two perspectives raise further issues for the etic/emic debate in anthropology.

scholarly journals Who is promoting the stability of the human rights pillar? Lessons from our own experience of dictatorship

European View ◽  
2010 ◽  
Vol 9 (1) ◽  
pp. 111-114
Author(s):  
Günter Nooke
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Cultural Diversity ◽  
Secretary General ◽  
World Peace ◽  
Individual Rights ◽  
History Of ◽  
The Stability ◽  
The Eu ◽  
Individual Human

According to former UN Secretary General Kofi Annan, world peace is based on the pillars of security, development and human rights. The defence of human rights is a particular foreign policy strength of both the EU and Germany. Despite advances, human rights are currently under threat from two angles. The first is a tendency to demand so much in the realm of human rights that, in the end, very little is achieved. The second is a growing movement that prioritises the rights of the collective over individual rights. However, it is individual human rights that are paramount and it is possible to extend individual rights without trampling cultural diversity. Given Europe's history of freeing itself from the shackles of dictatorship, its role in the defence of human rights is invaluable.

scholarly journals IN RELATION TO CONCEPT OF COLLECTIVE HUMAN RIGHTS

2020 ◽  
Vol 36 (4) ◽  
pp. 46-52
Author(s):  
D.A. Gadzhieva ◽  
Keyword(s):  
Human Rights ◽  
Individual Rights ◽  
Group Rights ◽  
Collective Rights ◽  
The Difference ◽  
Definition Of ◽  
The Individual ◽  
Legal Entities

This article is devoted to the analysis of some of the issues related to the definition of the content of the concept of collective human rights. The author examines the issues related to the definition of methods of exercising and the range of subjects of collective rights, some problems concerning their relations with individual rights, as well as whether the term “collective rights of the individual” is a proper one to be used in law science. The author analyzes the difference between the concepts of “collective” and group” rights, and also substantiates the reasons why these categories of human rights cannot be equated or why group rights cannot be singled out into an independent category of individual rights. In addition, the author substantiates the impossibility of possessing of collective rights by legal entities.

scholarly journals Međunarodna solidarnost i pravo na zdravlje

JAHR ◽  
2018 ◽  
Vol 9 (1) ◽  
pp. 69-85
Author(s):  
Sonja Trgovčić
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Health ◽  
Shared Responsibility ◽  
Vulnerable Groups ◽  
Human Right ◽  
International Solidarity ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Right

The concept of international solidarity has been developing since the second half of the 20th century within the scope of international charters, conventions and declarations of protection of human rights. It has earned the qualities of the principle of international law and has been given a meaning of the key human right which binds together human rights of the first, second and third generation. With this work the author provides an explanation and gives a postulate to the legal nature of international solidarity and its legal feasibility. Furthermore, the author speaks about international cooperation, shared responsibility and the prevention of factors of climate change, hunger, inadequate health care, polarity in the economic development, and achieving equality. The author dedicates special attention to the right to health, its aspects and connections with international solidarity in protection of vulnerable groups.

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