scholarly journals "Islam" In the Anti-Multicultural Rhetoric of Western European Politicians and Anthropologists: Congruence or Coincidence?

2016 ◽  
Vol 8 (4) ◽  
pp. 965
Author(s):  
Marko Pišev ◽  
Miloš Milenković
Keyword(s):  
Violence Against Women ◽  
Religious Fundamentalism ◽  
Cultural Rights ◽  
Cultural Mediators ◽  
The Status ◽  
Women And Children ◽  
Anthropological Critique ◽  
The Right ◽  
European Economies ◽  
Multicultural Policies

The recent rhetoric of the "end" or "failure" of multiculturalism in Europe and beyond came as no surprise to anthropologists. Moreover, the statements made by leading politicians of key European economies seem as though they are based on the decades old anthropological critique of the consequences of the failed implementation of multicultural policies in Europe and on the global level. It is as though the messages we have been getting over the course of the last few years – that multicultural policies are contraindicated, that they weaken the contacts between cultures, rob individuals of the right to change and chose their identities and strengthen intra-cultural mediators of power, with patriarchy, violence against women and children, leaving school, religious fundamentalism and even terrorism as main consequences – are being read by politicians from anthropological analyses of abuses of collective "cultural" rights. The paper considers the nature of this similarity between the discourse of politicians and anthropologists with a special emphasis on the status of "Islam" in them, and discusses whether it is congruence or mere coincidence of stances toward minorities, immigrants and cultural differences, as toward the regulations which were tasked with protecting this diversity as a fundamental European value which today, at least at the rhetorical level, seems to be fading.

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

scholarly journals International legal standards for ensuring the right of minors deprived of liberty to health

2020 ◽  
Vol 3 (3) ◽  
pp. 32-37
Author(s):  
Tetyana Syroyid
Keyword(s):  
United Nations ◽  
Right To Health ◽  
Sexually Transmitted ◽  
Cultural Rights ◽  
Legal Standards ◽  
Rights Of The Child ◽  
The Status ◽  
Special Rules ◽  
United Nations Declaration ◽  
The Right

The article analyzes the general and special international legal acts in the field of regulation of the right to the highest standard of living (right to health) of minors deprived of liberty, in particular: Declaration of the Rights of the Child, 1924, United Nations Declaration of the Rights of the Child, 1959, International Covenant on Economic, Social and Cultural Rights, 1966, Convention on the Rights of the Child, 1989, United Nations Minimum Standard Rules on the Administration of Juvenile Justice (Beijing Rules), 1985, United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), 1990, UN General Assembly special resolutions on the protection of the rights of the child, including children deprived of their liberty, etc. The emphasis is placed on key problematic aspects of the protection of the right to health of minors deprived of their liberty, in particular: the use of torture and other cruel, inhuman or degrading treatment or punishment; harm to the mental and physical health of children in all situations of imprisonment; the spread of sexually transmitted infections. The article focuses on the special needs of children with disabilities. Given the existing problems of drug use, which contribute to the spread of infectious diseases among the categories of prisoners, cause significant harm to the health of minors, attention is focused on the characteristics of special rules in this area. Given the fact that the emergence and spread of the COVID-19 pandemic has become a modern threat and a challenge to health of population in general, including persons deprived of their liberty, attention is paid to international acts, which set out recommendations to protect this category of persons during the pandemic. Relevant conclusions and recommendations have been made to improve the status of minors deprived of their liberty.

scholarly journals الحماية القانونية للنازحين في ظل القانون الدولي الانساني

2020 ◽  
Vol 1 (2) ◽  
pp. 1-10
Author(s):  
احمد ابراهبم
Keyword(s):  
Human Rights ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
International Protection ◽  
Cultural Rights ◽  
Geneva Conventions ◽  
The Status ◽  
Durable Solutions ◽  
The Right ◽  
Political Economic

Although there is no special agreement for displaced persons, as in the case of refugees, they are protected under their national laws and human rights laws and are protected according to the rules of international humanitarian law during armed conflict as determined by the Geneva Conventions of 1949. The search for displaced persons' rights should not be limited to relevant conventions, since many of the rights of displaced persons will be found in the basic human rights conventions to which the displaced person should first benefit before being displaced. The status of displacement does not conceal the rights of the displaced as a human being, but should add to it new rights arising from the conditions that have arisen and the importance of this issue is greater. National authorities are unable or unwilling to fulfill their obligations, as well as the protection of the rights of refugees and the obligations of States provided for in the provisions of the International Refugee Convention Of 1951, which include assistance in the provision of food, adequate shelter, health care and education, the right to asylum, the provision of travel documents, the provision of refugees, the guarantee of fundamental human rights and the facilitation of voluntary durable solutions of repatriation Or integration into host societies, making international protection a necessity. International law underlines that civil, political, economic, social and cultural rights should be exercised without discrimination on grounds such as "national or social origin, property or other grounds." States must also eliminate any form of discrimination. Economic, social and cultural rights to ensure the progressive realization of economic, social and cultural rights and to the maximum extent of the resources available (for the State party).

scholarly journals http://habibiaislamicus.com/index.php/hirj/article/view/176

2021 ◽  
Vol 5 (1) ◽  
pp. 51-66
Author(s):  
Zahida Parveen ◽  
◽  
Aijaz Ali Khoso
Keyword(s):  
Cultural Practices ◽  
Religious Communities ◽  
Minority Communities ◽  
Cultural Rights ◽  
The Status ◽  
The Right ◽  
Partition Of India ◽  
Personal Law ◽  
Women Rights ◽  
Status Of Women

The particular nature of partition of India left the different religious communities with strained relations. The bloody backdrop made an imperative on the newly independent nation to sort out the majority-minority relationships amidst communities. The nation started with a centralizing tendency. The two nation theory based on religious identities shaped the post-independence politics to a great extent. Minority communities were given social and cultural rights but nonpolitical rights. As a part of cultural rights, these communities were left on their own with regard to marriage, divorce, inheritance etc. The nascent nation faced the dilemma of balancing the rights of different groups. As a result mere equality before law was substantiated by the right of members of minority communities to have the liberty to lead a life in accordance with their cultural practices. Islam has been focusing on chastity of the society and for this it describes rules and manners to be followed. On the other hand, West particularly in its modern capitalistic perspective gives its followers to lead a hedonistic life having no clutch on individual desires. West uses feministic sound louder and louder to portray itself the champion of Women rights but it has been observed that West through this campaign also tries to get its objectives against Islam. In this paper an attempt has been taken to highlighting how the West influences Muslim personal law in the subcontinent. At the same time, in this paper, an effort has also been made to resolve some repeated objections regarding the status of Women eruditely.

The Status of Women’s Human Rights in Kenya and Strategies to Overcome Inequalities

1994 ◽  
Vol 22 (2) ◽  
pp. 17-20
Author(s):  
Maria Nzomo
Keyword(s):  
Human Rights ◽  
International Convention ◽  
Cultural Rights ◽  
Participation Of Women ◽  
Women’S Human Rights ◽  
The Status ◽  
Women's Human Rights ◽  
The Right ◽  
International Instruments ◽  
Political Economic

This paper takes the position that the human rights of women are inalienable and an integral and indivisible part of universal human rights, which we define to include the right to full and equal participation of women with men, in the political civil, economic, social and cultural life at all levels. The International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is one of the International instruments that explicitly focuses on women’s human rights, is quite comprehensive in its coverage. Consisting of 30 articles, CEDAW covers women’s human rights in all aspects of their lives—political, economic, social and cultural rights.

Part V Economic and Social Rights, Ch.17 Indigenous Rights to Development, Socio-Economic Rights, and Rights for Groups with Vulnerabilities: Articles 20–22, 24, and 44

2018 ◽  
Author(s):  
Pérez-Bustillo Camilo ◽  
Hohmann Jessie
Keyword(s):  
Indigenous Rights ◽  
Social Rights ◽  
Economic Rights ◽  
Cultural Rights ◽  
Indigenous Worldviews ◽  
Right To Development ◽  
History Of ◽  
Women And Children ◽  
The Right ◽  
Core Issues

This chapter looks at Articles 20, 21, 22, 21, and 44, considering rights to development, socio-economic rights, and rights for groups with particular vulnerabilities. These provisions are centred on: the economic, social, and cultural rights of indigenous peoples, with a particular focus on the right to health; their right to development; and the rights of those indigenous individuals and groups who are particularly vulnerable, including women and children, and again with a particular focus on women's rights to be free from violence. The provisions highlight the evolving place of indigenous rights within the overall framework of international law and international human rights. However, the negotiating history of the provisions demonstrates that some of the core issues addressed in these Articles remain contested. The right to development itself, let alone a vision of development in harmony with indigenous worldviews, remains controversial and resisted by states.

scholarly journals GENDER MAINSTREAMING IN THE CONTEXT OF ACEH DEVELOPMENT

2017 ◽  
Vol 16 (2) ◽  
pp. 127
Author(s):  
Gunawan Adnan
Keyword(s):  
Gender Equality ◽  
Violence Against Women ◽  
Policy Development ◽  
Holistic Approach ◽  
Gender Mainstreaming ◽  
Education Access ◽  
Related Data ◽  
Post Conflict ◽  
Women And Children ◽  
The Right

Gender mainstreaming is a globally accepted strategy for promoting gender equality. Mainstreaming is not an end in itself but a strategy, an approach, a means to achieve the goal of gender equality. Mainstreaming involves ensuring that gender perspectives and attention to the goal of gender equality are central to all activities - policy development, research, advocacy/dialogue, legislation, resource allocation, and planning, implementation and monitoring of programs and projects. Gender mainstreaming is, therefore, becoming a collective awareness and concern in most countries since it is viewed as one of the most appropriate, comprehensive and representative approaches to solve both the problem of gender inequality and the problem of violence against women and children including in Indonesia in general and Aceh in particular.  This study is aimed at exploring how gender mainstreaming initiatives, attempts to integrate a gender equality approach to post-tsunami and post-conflict reconstruction and development efforts in Aceh, take part in the social and political reconstruction by both reproducing and subverting gendered images of temporality and spatiality as well as promoting a holistic gender equality in all aspects of life. The method used in doing this research is a library method in which all related data and library resources are collected, examined and finally analyzed. The result of this study suggests, among others, that gender mainstreaming should be based on a holistic approach, not only in spirit and conceptual basis but also in practical and social reality basis, such as empowering women in having equal access toward education, access to economic resources, access to the right of possessing property, etc. Moreover, one of another important result of this study is that the violence against women and children that still commonly occur almost everywhere in the world should be viewed as collective enemy and challenge which needs to be faced and eliminated collectively as well.

scholarly journals Incidence of Domestic Violence Against Women and Children

2017 ◽  
Vol 5 (3) ◽  
pp. 16-30
Author(s):  
Francess Dufie Azumah ◽  
Nachinaab John Onzaberigu ◽  
Mensah Manfred
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Negative Effects ◽  
Human Right ◽  
Support Unit ◽  
Police Station ◽  
Domestic Violence Against Women ◽  
Women And Children ◽  
Enforcement Authority ◽  
The Right

The incidence of domestic violence is a source of great worry to society at large. Victims are suffering while perpetrators seem to be enjoying the act. While children and women are been abused at homes and domestic settings, authorities responsible to protect and safeguard themselves show gross reluctant in their operations and measures to help victims of domestic violence. This is an act serious violation of human right calls for empirical investigation on reported cases of domestic violence against women with the domestic violence and victims support unit at the Asokwa Police station in Kumasi-Ghana. The study sought to identify the major causes of domestic violence at victims home, the effects of domestic violence on women and children and ways to curb domestic violence against women and children. The study adopted a case study design where data was collected through questionnaire and victims records on reported domestic violence. The study revealed that domestic violence has negative effects on victims as respondents indicated that they suffered from injuries, guilt, anger, depression/anxiety, shyness, nightmares, disruptiveness, irritability, and problems getting along with others. The study found that children who experience domestic violence perform poor in schools and experience vicarious trauma, show signs of exaggerated startle response, hyper-vigilance, nightmares, and intrusive thoughts. The study recommended that law enforcement authority such as the police should victims by ensuring that perpetrators are given the right punishment to serve as deterrence for future offenders.

scholarly journals Kematian akibat Kekerasan Tumpul Kepala pada Korban Anak yang Ditemukan di Dalam Sumur: Laporan Kasus

e-CliniC ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 397
Author(s):  
Dewanto Y. Priyambodo ◽  
IBG Surya P. Pidada
Keyword(s):  
Blunt Trauma ◽  
Violence Against Women ◽  
Microscopic Examination ◽  
Vaginal Swab ◽  
Police Investigation ◽  
The Family ◽  
Women And Children ◽  
The Right ◽  
Serious Injuries ◽  
External Inspection

Abstract: Violence against women and children still occurs in Indonesia. Some of them resulted in serious injuries and deaths. We reported a 13-year-old woman found dead in a well after missing for two days. The victim was buried immediately by the family after being found since there was no suspicion of homicide. Albeit, the police investigation developed into a homicide suspicion, therefore, an exhumation was carried out seven days after the death. There was no sign of violence on external inspection. Internal examination revealed bruising on the right cranium, reddened right brain tissue, and incomplete fracture at the base of the right cranium confirmed as intravital injury by microscopic examination. The pulmonary diatom examination showed negative result, therefore, the victim was pronounced dead before being put into the well. Spermatozoa’s heads were found on the vaginal swab microscopic examination. In conclusion, the cause of death was a blunt trauma to the head by homicide. The victim died more than 24 hours from the time of examination.Keywords: violence against woman; advantage of exhumationAbstrak: Kekerasan terhadap perempuan dan anak masih banyak terjadi di Indonesia. Beberapa di antaranya berakibat luka berat dan kematian. Seorang perempuan berusia 13 tahun ditemukan meninggal di dalam sumur setelah dinyatakan hilang selama 2 hari. Korban awalnya diduga meninggal karena bunuh diri. Korban dimakamkan segera oleh keluarga setelah ditemukan dan tidak ada kecurigaan pembunuhan. Penyidikan oleh polisi berkembang menjadi dugaan pembunuhan, sehingga dilakukan ekshumasi pada tujuh hari pasca kematian. Tidak terdapat tanda kekerasan pada pemeriksaan luar. Pemeriksaan dalam menunjukkan memar pada cranium sebelah kanan, jaringan otak sebelah kanan yang berwarna lebih merah dan retak pada basis cranii bagian kanan dan dikonfirmasi sebagai luka intravital melalui pemeriksaan mikroskopik. Pemeriksaan diatom paru menunjukkan hasil negatif sehingga korban dinyatakan meninggal sebelum dimasukkan ke dalam sumur. Pada pemeriksaan swab vagina didapatkan adanya kepala spermatozoa. Simpulan laporan kasus ini ialah sebab kematian korban oleh trauma tumpul pada kepala dengan cara dibunuh. Jenazah meninggal lebih dari 24 jam dari saat pemeriksaan.Kata kunci: kekerasan terhadap perempuan; manfaat ekshumasi 

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