scholarly journals Rights versus Diversity? The Accelerated Extinction of Languages and Cultures as an Aspect of Current Globalization Trends

2007 ◽  
Vol 7 ◽  
pp. 202-208
Author(s):  
Anthony Löwstedt
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Linguistic Diversity ◽  
Global Perspective ◽  
Human Rights Violations ◽  
Essential Aspect ◽  
The Relationship ◽  
Cultural Poverty

This paper starts from the assumption that linguistic diversity, and more generally, cultural diversity, are intrinsically good. I will look at their opposites, linguistic and cultural poverty, and the current tendencies towards the latter within the globalization process. I will also briefly explore the relationship between human rights and cultural diversity, which may be viewed as somewhat problematic, but the emphasis will be on what I consider the essential aspect of that relationship, namely, the mutually reinforcing relationship be-tween rights and diversity, and between their opposites, human rights violations and cultural uniformity (cultural poverty). In this context, the issue of legislative protection and promotion of cultural diversity will be investigated from a global perspective. Finally, I wish to assess the roles of Africa and of Africanicity with regard to these issues.

The Politics of Human Rights Diplomacy

2020 ◽  
pp. 097359842094343
Author(s):  
Anupama Ghosal ◽  
Sreeja Pal
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
United Nations ◽  
National Security ◽  
International Organizations ◽  
Human Rights Violations ◽  
Precise Formulation ◽  
The United Nations ◽  
The Relationship

The issue of Human Rights features as a prominent agenda of the United Nations and its related international organizations. However, when it comes to precise formulation of a country’s foreign policy in bilateral or multilateral forums, the issues of trade and national security find priority over pressing human rights violations occurring within the countries engaged in the diplomatic dialogue. An often-employed reason behind such an approach is the need to respect sovereignty and non-interference of a country in diplomacy. This article aims at analysing the potential which diplomacy holds to pressurize recalcitrant regimes to respect human rights. In doing so, the article tries to explore the ambit of Human Rights Diplomacy and the relationship between agenda of politics and human rights.

scholarly journals Licensed to kill: The United Kingdom's arms export licensing process

2008 ◽  
Vol 3 (1) ◽  
Author(s):  
Anna Stavrianakis
Keyword(s):  
Human Rights ◽  
Export Control ◽  
Human Rights Violations ◽  
Regional Stability ◽  
Export Policy ◽  
Arms Trade ◽  
Arms Export ◽  
The Relationship

The article addresses the U.K. government's arms export licensing process to try to account for the discrepancy between its rhetoric of responsibility and practice of ongoing controversial exports. It describes the government's licensing process and demonstrate how this process fails to prevent exports to states engaged in internal repression, human rights violations, or regional stability. It then sets out six reasons for this failure: The vague wording of arms export guidelines; the framing of arms export policy; the limited use (from a control perspective) of a case-by-case approach; the weak role of pro-control departments within government; pre-licensing mechanisms that facilitate exports and a lack of prior parliamentary scrutiny, which means the government's policy can only be examined retrospectively; and the wider context of the relationship between arms companies and the U.K. state. It is concluded that the government's export control guidelines do not restrict the arms trade in any meaningful way but, rather, serve predominantly a legitimating function.

scholarly journals Can positive obligations of States serve as a remedy for human rights violations committed by juristic persons?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-60
Author(s):  
Pavel Ondrejek
Keyword(s):  
Human Rights ◽  
Major Change ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
Human Rights Violations ◽  
Legal Doctrine ◽  
Role Of The State ◽  
The Relationship

Abstract: Positive obligations of States to protect and implement human rights are considered a part of various effects of human rights in legislations. In this article, it is argued that a crucial problem arises from the inconsistent practice of addressing violations of human rights committed by juristic persons together with a lack of underlying general theory of liability for human rights violations committed by private entities. Without a major change in the legal doctrine and case-law, we will need to remain focused on the role of the State as a guarantor of human rights, rather than on the imposition of human rights obligations on private-law entities. In this article, it is argued that the nature of the relationship between a juristic person and the State is not the only relevant aspect, as we should also examine the activity of the juristic person in question.Keywords: Positive obligations of States. Juristic persons. State-juristic person nexus. Fundamental rights. Horizontal effect.Resumo: Obrigações estatais positivas de proteger e de implementar direitos humanos são parte dos vários efeitos dos direitos humanos nas legislações nacionais. Neste artigo, argumenta-se que um problema crucial decorre da prática de abordar violações de direitos humanos cometidas por pessoas jurídicas sem uma teoria geral da responsabilidade por violações de direitos humanos cometidas por entidades privadas. Sem uma mudança importante na doutrina e na jurisprudência será preciso permanecer olhando apenas para o papel do Estado como garantidor de direitos humanos. Neste artigo argumenta-se que a natureza da relação entre uma pessoa jurídica e o Estado não é o único aspecto relevante. É preciso examinar também a atividade da pessoa jurídica em questão.Palavras-chave: Obrigações positivas dos Estados. Pessoas jurídicas.

scholarly journals Understanding the relationship between human rights abuse, state dysfunction and postcolonial sovereignty in Africa

2017 ◽  
Vol 82 (1) ◽  
Author(s):  
Wynand Greffrath
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Human Rights Violations ◽  
Specific Reference ◽  
Human Rights Abuse ◽  
Apparent Correlation ◽  
African Context ◽  
Functional States ◽  
Postcolonial States ◽  
The Relationship

This article explores the interrelationship between the phenomena of state dysfunction, human rights abuse and postcolonial states in the African context. The incidence and extent of state dysfunction and human rights abuse are evaluated empirically, which reveals that dysfunctional states in Africa are generally guilty of neglecting human rights. I attempting to understand this apparent correlation, the politico-juridical construct of negative sovereignty, as formulated by Robert Jackson, is analysed with specific reference to postcolonial African states. The analysis suggests, paradoxically, dysfunctional states may utilise the same normative precepts that served as justifications for decolonisation (such as self-determination and non-intervention) to obfuscate or obstruct the scrutiny of human rights domestically. From these insights it is posited that functional states, both in institutional and political terms, may serve as the most effective bulwark of human rights in Africa, and that the phenomenon of state dysfunction as it relates to domestic human rights violations warrants more consideration.

US aid and substitution of human rights violations

2021 ◽  
pp. 073889422110450
Author(s):  
Ghashia Kiyani
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
The Us ◽  
The Relationship

This paper examines the relationship between US aid and human rights violations in autocracies. It argues that autocratic leaders do not want to lose aid owing to their poor human rights records, and yet at the same time, cannot completely stop their rights violations because they often come into power through force. In this situation, the leader acts strategically by substituting the visible rights violations for invisible ones. However, substitution depends on the strategic relationship between the US and the recipient. If the recipient is strategically unimportant, then we can expect substitution; otherwise, it will not be necessary.

The Many Faces of Camouflage: An Essay on Camouflage, Surveillance, Control Society, and Cuttlefish

2016 ◽  
pp. 52-63
Author(s):  
Jan Babnik
Keyword(s):  
Human Rights ◽  
Social Control ◽  
Human Rights Violations ◽  
Photographic Image ◽  
Control Society ◽  
The Many ◽  
The Military ◽  
The Relationship ◽  
Traditional Understanding

The article investigates the relationship between social control and camouflage in contemporary conditions of new visibility from the perspective of digitalisation of photographic image and its increased integration into military and surveillance technologies. The author investigates the play of visibility and invisibility, of hiding and exposing, implied in traditional understanding of camouflage under the changed conditions of referentiality and visibility through a number of examples, ranging from surveillance projects aimed at preventing human rights violations to the military use of drones and artistic projects that either critique the new means of social control, or offer strategies of resistance to individuals.

Jus CogensafterGermanyv.Italy: Substantive and Procedural Rules Distinguished

2012 ◽  
Vol 25 (4) ◽  
pp. 979-1002 ◽  
Author(s):  
STEFAN TALMON
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Human Rights Violations ◽  
Limited Effect ◽  
State Immunity ◽  
The Icj ◽  
Jus Cogens ◽  
The Relationship

AbstractIn the case concerningJurisdictional Immunities of the State, the ICJ held that rules ofjus cogensdid not automatically displace hierarchically lower rules of state immunity. The Court's decision was based on the rationale that there was no conflict between these rules as the former were substantive rules while the latter were procedural in character. The ‘substantive–procedural’ distinction has been heavily criticized in the literature. Much of the criticism seems to be motivated by the unwanted result of the distinction, namely de facto impunity for the most serious human rights violations. This paper takes a step back from the alleged antinomy of human rights and state immunity and broadens the picture by looking at the relationship between substantive and procedural rules more generally. It is shown that substantive rules of ajus cogenscharacter generally leave procedural rules unaffected and, in particular, do not automatically override such rules. Substantive rules may, however, have a limited effect upon the interpretation and application of procedural rules. It is argued that the ‘substantive–procedural’ distinction is well established in international law and makes eminent sense even when substantive rules ofjus cogensand procedural rules of immunity are involved.

scholarly journals An Indonesian Democracy: limits of a majoritarian democracy

2017 ◽  
Vol 12 (2) ◽  
pp. 133
Author(s):  
Ben Kristian Citto Laksana
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
National Security ◽  
National Culture ◽  
Human Rights Violations ◽  
Individual Rights ◽  
Social Equality ◽  
Sexual Identities ◽  
The Past ◽  
Majoritarian Democracy

<p style="text-align: justify;">Indonesia has continuously been praised as a successful post-authoritarian country transitioning to democracy. However, seeing the numerous human rights violations in the past decade alone especially towards alternative political, religious and sexual identities, the success of democracy in Indonesia has been put under the spotlight. This raises the question of the development of democracy and the use of democracy in Indonesia in practicing and upholding principles of social equality for all. In this article I wish to provide an overview of majoritarian democracy, a form of democracy that is understood and practiced in Indonesia. A form of democracy that rather than upholding values that safeguards individual rights and diversity, may in fact undermine religious and cultural diversity, enforcing a homogenized national culture and values, which in return may engender human rights violations in the name of national security that it in itself is defined by the majority.</p>

scholarly journals The Relationship Between Human Rights Violations and Human Trafficking

2016 ◽  
Vol 3 (1) ◽  
pp. 39-55
Author(s):  
Julia Muraszkiewicz
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Crime Victims ◽  
Human Rights Violations ◽  
Human Beings ◽  
Legal Nature ◽  
The World ◽  
Trafficking In Human Beings ◽  
The Relationship

Human trafficking is lucrative crime, often trans border, affecting every country in the world. In the course of this crime victims are subjected heinous experiences. Consequently the crime has been described as a grave violation of human rights. However, there are those that question the legal nature of trafficking in human beings, and whether it really is a violation of human rights. This article explores the relationship between human trafficking and human rights, and analyses what are the impacts of that relationship on State’s duties to fight the crime.

Fathers and Heroes

2020 ◽  
pp. 140-168
Author(s):  
Katherine E. Brown
Keyword(s):  
Human Rights ◽  
Ethic Of Care ◽  
The State ◽  
Trust Building ◽  
Human Rights Violations ◽  
The Relationship

This chapter considers the roles of fatherhood and paternalism in antiradicalization. Two arguments are made: paternalism characterizes the relationship between the state and individuals, and emasculation occurs via techniques used while particular masculine ideals are promoted simultaneously. Consequently, individuals may become deradicalized but policies reinforce the inequalities that some see as causes of radicalization. Paternalistic relationships are established—constructing individual relationships based on an ethic of care to generate trust is seen as key—but attempts at trust building are undermined by lack of accountability and transparency. This chapter also shows increasing militarization of counterterrorism programs worldwide. Numerous accounts of torture and human rights violations exist, sexualized in nature and emasculating particular suspect men. Policies seek to demonstrate the humanity of the state by acting in a considerate and caring manner, but actually serve to reinforce its paternal and emasculating undertones.

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