scholarly journals Conditions for an Effective Democracy in Multicultural Societies and Countries

2017 ◽  
Vol 6 (1) ◽  
pp. 1-8
Author(s):  
Flora Kadriu
Keyword(s):  
Cultural Identity ◽  
Cultural Diversity ◽  
Political System ◽  
The Political ◽  
Social Setting ◽  
Political Rights ◽  
Parliamentary Democracy ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
Theory Of Democracy

The motive behind this paper is exploration of the conditions for effective democracy in multicultural societies and countries. The two principles of social setting in the context of classical parliamentary democracy ensue from a special set of civil and political rights, as basis for cultural identity, which further underlies the collective cultural rights (CCRs) or group-differentiated rights (GDRs). Such setting is initiation into a serious process of changes in classical democracy. The cultural diversity accommodation in the political system of a given democracy is an intricate process that shifts the liberal justice concept and requires a new political system dubbed by some authors as multicultural democracy, instead of merely democracy in multicultural societies. This theory is chiefly known as “consociational theory of democracy”. In this paper, efforts are made to establish the new theoretic and experiential institutions and relations we are to call conditions for an effective multicultural democracy.

Division de pouvoir et intégration social: de Montesquieu à la crise actuelle du parlementarisme

1968 ◽  
Vol 1 (3) ◽  
pp. 261-269
Author(s):  
André Vachet
Keyword(s):  
Political Institutions ◽  
Political System ◽  
Political Power ◽  
Social Groups ◽  
The Political ◽  
Social Forces ◽  
Parliamentary Democracy ◽  
Social Division ◽  
Western Democracy ◽  
Vital Forces

Division of power and social integrationExplanation of some of the recent challenges to western democracy may be found in a re-examination of Montesquieu's thought. Here we find the theory of the separation of power to be far more complex than is implied in the simple divisions of legislature, executive, and judiciary. For Montesquieu, the separation of power is more a social division than a political or juridical one. He contemplated returning the organs of political power to various social forces, e.g. monarchy, aristocracy, and bourgeoisie, and that then the self-assertion of forces would be restrained by the resistance of other social groups. The realization of its goals would require every important social group to integrate itself both to society and to the state and to seek its goals through realization of the general good.Since Montesquieu's time, political structures would seem to have been very little changed even though social structures have been greatly altered by the rise of economic powers. Political institutions have been losing touch with the vital forces of society and these have had to find other channels of expression. The personalization of power, the rise of the executive, violence, and increasing paternalism may be viewed as phenomena of compensation by which attempts are being made to bridge the gap between the structures of political power and those of a society which has been restructured.Revigoration of parliamentary democracy would seem to require that all vital social forces be reintegrated into the political system and be given meaningful channels of political expression. Failure to make such changes opens the way to identification of the political powers with technocracy and the increasing general use of violence in the resolution of social problems.

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

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).

scholarly journals Cultural Identity in the Case-Law of the Human Rights Committee

2017 ◽  
Vol 7 ◽  
pp. 119-139
Author(s):  
Sylwia Stryjkowska
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
Case Law ◽  
Political Rights ◽  
Linguistic Minorities ◽  
Civil And Political Rights ◽  
Insight Into

The aim of the article is to present the jurisprudence of the Human Rights Committee on Article 27 of the International Covenant on Civil and Political Rights concerning the rights of persons belonging to ethnic, religious and linguistic minorities. Therefore, the study examines the underprivileged position of minorities within States and focuses on their will to survive as a distinct culture. Examination of the aforementioned caselaw provides an insight into the Committee’s understanding of the concept of cultural identity.

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

1997 ◽  
Vol 46 (4) ◽  
pp. 812-830 ◽  
Author(s):  
Anthony Mason
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Moral Foundations ◽  
Political Rights ◽  
Land Resources ◽  
Way Of Life ◽  
Cultural Rights ◽  
The World ◽  
Civil And Political Rights ◽  
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”.

4. The International Bill of Human Rights

2019 ◽  
pp. 56-71
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Universal Declaration ◽  
Political Rights ◽  
Legal Basis ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
The United Nations

This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.

scholarly journals International Human Rights Law and the Response to the covid-19 Pandemic

2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

scholarly journals Neglecting Social and Economic Rights Violations in Transitional Justice: Long-Term Effects on Accountability: Empirical Findings from the Extraordinary Chambers in the Courts of Cambodia

2018 ◽  
Vol 37 (2) ◽  
pp. 95-124
Author(s):  
Tine Destrooper
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Blind Spot ◽  
Political Rights ◽  
Long Term Effects ◽  
Economic Rights ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
International Profile

This article builds on theories about the expressive function of law and uses Structural Topic Modelling to examine how the prioritisation of civil and political rights (CPR) issues by the Extraordinary Chambers in the Courts of Cambodia (ECCC) has affected the agendas of Cambodian human rights NGOs with an international profile. It asks whether these NGOs’ focus on CPR issues can be traced back to the near-exclusive focus on CPR issues by the court, and whether this has implications for the creation of a “thick” kind of human rights accountability. It argues that, considering the nature of the Khmer Rouge's genocidal policy, it would have been within the mandate and capacity of the court to pay more attention to actions that also constituted violations of economic, social, and cultural rights (ESCR). The fact that the court did not do this and instead almost completely obscured ESCR rhetorically has triggered a similar blind spot for ESCR issues on the part of human rights NGOs, which could have otherwise played an important role in creating a culture of accountability around this category of human rights. Does this mean that violators of ESCR are more likely to escape prosecution going forward?

Perception of Legal Inequality in Deeply Divided Societies: The Case of Israel

1993 ◽  
Vol 25 (3) ◽  
pp. 423-442 ◽  
Author(s):  
Elia Zureik ◽  
Fouad Moughrabi ◽  
Vincent F. Sacco
Keyword(s):  
Political System ◽  
Daily Life ◽  
Political Rights ◽  
Divided Societies ◽  
The Face ◽  
Civil And Political Rights ◽  
The Law ◽  
The Way

When commentators discuss the Israeli political system, they invariably single it out as the exception in a region otherwise lacking in democratic and representative regimes. Although political philosophers and theorists remind us that the test of de mocracy hinges on, among other things, the way a society treats its minorities and guarantees them civil and political rights in the face of majority opposition, the de bate over what constitutes justice, equality, and freedom is unlikely to be resolved in a discussion centered on abstract principles and their absolute meanings. It is one thing for a society to profess egalitarian values and another to measure the extent to which these values are perceived and experienced by those immediately affected by them. This does not mean that there are no universal standards of justice against which to measure performance of the law. Our point is that the experiential dimen sion of the law is equally relevant, for it mediates between the meaning of the law as derived from abstract principles and the way it is implemented in daily life.

The Protection of Human Rights by the Organization of American States

1968 ◽  
Vol 62 (4) ◽  
pp. 889-908 ◽  
Author(s):  
José A. Cabranes
Keyword(s):  
Human Rights ◽  
San Francisco ◽  
General Assembly ◽  
Political Rights ◽  
Bill Of Rights ◽  
Cultural Rights ◽  
Optional Protocol ◽  
American States ◽  
Protection Of Human Rights ◽  
Civil And Political Rights

On December 16, 1966, the General Assembly approved three agreements designed to establish a global system of enforceable treaty obligations with respect to fundamental human rights. These agreements are the second part of the “international bill of rights” proposed at the San Francisco Conference. Eighteen years separated the adoption of these agreements—the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights—and the approval in 1948 of the first part of the projected United Nations program for the protection of human rights, the non-binding Universal declaration of Human Rights.

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