Particular or Universal? National Identity and Human Rights: A Legal Approach

2014 ◽  
Keyword(s):  
Human Rights ◽  
National Identity

scholarly journals Forced to flee : contemporary Colombian refugee migration & internal displacement

2021 ◽  
Author(s):  
Tracy Vunderink
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
Forced Migration ◽  
Civil Conflict ◽  
Internal Displacement ◽  
Push Factors ◽  
Population Displacement ◽  
Human Rights Abuses ◽  
Criminal Violence

Examines the situation of forced migration in Colombia by identifying how profound inequalities, a lack of governmental authority, and a crisis in national identity have contributed to the emergence of armed irregular groups and the perpetuation of the civil conflict. The Colombian conflict which has last[ed] for more than forty years has perpetuated extreme criminal violence, grave human rights abuses and massive levels of population displacement. Determinants or push factors involved in Colombian internal displacement and asylum seeking are analyzed to draw similarities between these two experiences to further question the distinctions maintained between them in international law.

Museums, Decolonization and Indigenous Artists as First Cultural Responders at the new Canadian Museum for Human Rights

2019 ◽  
Vol 17 (2) ◽  
pp. 173-192 ◽  
Author(s):  
Stephanie B Anderson
Keyword(s):  
Human Rights ◽  
National Identity ◽  
Indigenous Peoples ◽  
Social Consciousness ◽  
Indigenous Art ◽  
Art Forms ◽  
Shared Authority ◽  
Global Movement ◽  
The Right ◽  
Dominant Narratives

The Canadian Museum for Human Rights (CMHR) is part of a global movement of human-rights–driven museums that commemorate atrocity-related events through exhibitions aimed to communicate a national social consciousness. However, museums in Canada are increasingly understood to contribute to the perpetuation of settler colonial memory regimes as dominant narratives of national identity. Through the analysis of theexhibit ‘Aborigina lWomen and the Right to Safety and Justice’, this article explores how museums in represent difficult knowledge and act as sites of decolonization, while suggesting how shared authority and nuanced Indigenous art forms might play a role in both. It posits that if museums in settler colonial societies are to evolve beyond the pretext of detached host, they must not only acknowledge past atrocities and injustices against Indigenous peoples, but also consistently examine the colonial logics and inventions that permeate colonizing and decolonizing exhibitions.

From Yugoslavia to Bosnia: Accommodating National Identity in National and International Law

1999 ◽  
Vol 6 (1-2) ◽  
pp. 1-63
Author(s):  
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
Bosnia And Herzegovina ◽  
Peace Agreement ◽  
Historical Process ◽  
Detailed Consideration ◽  
Legal Responses ◽  
Dayton Peace Agreement ◽  
Dayton Agreement

AbstractThis article examines the constitutional and international law aspects of accommodating national identity in the historical process from Yugoslavia to Bosnia. Broad strategies to deal with crises are outlined. Detailed consideration is given to the whole range of international legal responses to the conflict in Yugoslavia, which were deployed in the pursuit of accommodating national identity. The Dayton Peace Agreement of November 1995, which included a Constitution of Bosnia and Herzegovina and an Agreement on Human Rights, is analyzed. Particular attention is given to the 'internationalizing' of the Constitution of Bosnia in terms of its making, its terms and its implementation. The article contains an assessment of the implementation and of the significance of the Dayton Agreement three years on. The concluding sections provide an overall assessment of the international responses and consider future strategies for accommodating national identity.

scholarly journals Urgensi Pendidikan Multikultural Indonesia dalam Menjaga NKRI

2020 ◽  
Vol 5 (1) ◽  
pp. 96-102
Author(s):  
Isnani Hidayati
Keyword(s):  
Human Rights ◽  
National Identity ◽  
Multicultural Education ◽  
Learning Process ◽  
Skin Color ◽  
Point Of View ◽  
National Integration ◽  
Future Success ◽  
The Future ◽  
Special Meaning

In some countries, multicultural education is always closely linked to important phases of democracy in people's lives. Democracy is based on the recognition of human rights not to implicitly discriminate against one's skin color, gender or culture. Everyone certainly has the same right to be treated as a right with responsibilities in accordance with their capabilities. In Indonesia itself, various multicultural education studies are a step that is being attempted to introduce special meaning in studying a plurality of people in Indonesia. So in this case, every part of society needs to respect each other's identity and be willing not to impose their own point of view about something that thinks is good, and is also forced upon others based on the standards that apply to it. If this can be realized, then multicultural education which is a learning process can lead the knowledge and value in society will be better implemented. Multricultural awareness in traveling is the spearhead of the future success of the Indonesian nation. Likewise with national identity, national integration, and placing religion as the foundation of the unity of a national principle is another part that is certainly inseparable from a state consciousness in a country of multiculturalism.

scholarly journals ASEAN REFORM: TOWARDS A MORE COHESIVE REGIONAL INTERGOVERNMENTAL ORGANISATION

2019 ◽  
Vol 3 (1) ◽  
pp. 71-83
Author(s):  
Yogi Bratajaya
Keyword(s):  
Human Rights ◽  
National Identity ◽  
United Nations ◽  
Rule Of Law ◽  
Dispute Settlement ◽  
Mutual Respect ◽  
Territorial Integrity ◽  
The Rule Of Law ◽  
United Nations Charter ◽  
The Relationship

AbstractThe Association of Southeast Asian Nations (ASEAN) is a regional intergovernmental organization that has seen exponential growth throughout the course of its lifespan ever since it was founded in August 8 of 1967. The organization comprises of 10 Member States with differing backgrounds in economy, culture and government. Its aims and purposes include “To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter” based on the “Mutual respect for the interdependence, sovereignty, equality, territorial integrity, and national identity of all nations.” However, it seems that ASEAN’s fundamental principles are its main detriment to achieving and carrying out its aims and purposes. The organization has faced multiple criticisms regarding its failure to address pressing matters in the region, such as ongoing human rights violations committed by member states. The slowness in addressing these matters is due to its fundamental principles of non-intervention and mutual respect for political independence, which in turn causes the lack of comprehensive dispute settlement mechanisms within the organization. This journal aims to pinpoint and identify the root of the aforementioned problems and seeks to provide a comprehensive solution with reference to other regional organizations. Keywords: ASEAN, Legal Personality, Dispute Settlement, Human Rights   AbstrakAssociation of SouthEast Asian Nations (ASEAN) merupakan sebuah organisasi antarnegara regional yang mengalami perkembangan pesat sejak terbentuknya pada 8 Agustus 1967. Saat sekarang ASEAN mengandung 10 anggota negara yang mempunyai latar-belakang ekonomi, budaya, dan sistem pemerintahan yang berbeda. Tujuan dari ASEAN adalah “To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter” berdasarkan “Mutual respect for the interdependence, sovereignty, equality, territorial integrity, and national identity of all nations.” Namun, prinsip dasar ASEAN seakan-akan menghambat ASEAN untuk mencapai tujuannya. Kritik yang dihadapi oleh ASEAN meliputi statusnya dalam hukum internasional, kurangnya efektivitas sistem penyelesaian sengketa di dalam ASEAN, dan bagaimana ASEAN mengatasi permasalahan Hak Asasi Manusia. Jurnal ini bertujuan untuk mengidentifikasi masalah tersebut dan memberi solusi komprehensif dengan meninjau kepada organisasi regional lain. Kata Kunci: ASEAN, Personalitas Hukum, Penyelesaian Sengketa, Hak Asasi Manusia

scholarly journals The Dutch Confession: Compliance, Leadership and National Identity in the Human Rights Order

2014 ◽  
Vol 10 (1) ◽  
pp. 96 ◽  
Author(s):  
Erik Larson ◽  
Wibo Van Rossum ◽  
Patrick Schmidt
Keyword(s):  
Human Rights ◽  
National Identity

The Dan Rather Maxim: Collective identity and news coverage of human rights and international law

2016 ◽  
Vol 10 (2) ◽  
pp. 127-140 ◽  
Author(s):  
Mark Major
Keyword(s):  
New York ◽  
Human Rights ◽  
Content Analysis ◽  
National Identity ◽  
International Law ◽  
Collective Identity ◽  
News Media ◽  
News Coverage ◽  
New York Times ◽  
Drone Warfare

This article examines the influence of national identity on coverage of human rights and international law. Based on a content analysis of New York Times, Washington Post, and USA Today’s coverage of torture at Abu Ghraib and the Obama administration’s expansion of drone warfare, it is argued that the news media largely protects the American identity by ignoring or marginalizing considerations of human rights and international law, despite these issues being central to the events. This research posits that the news media adheres to the Dan Rather Maxim named after long-time CBS news anchor, Dan Rather, who noted that in times of conflict the press tends to ‘follow the flag’. In other words, national identity informs and ultimately skews coverage of conflicts. This article adds to the existing scholarship on social and national identity biases in the news by giving primacy to international law and human rights frames during controversial periods. The content analysis finds that the actions of US political actors and institutions do not receive ample treatment when viewed through the lens of human rights and international humanitarian law.

scholarly journals Human Rights and International Standards: Correlation between National and International Legislation

2019 ◽  
pp. 358-366
Author(s):  
Tetiana IHNATENKO
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
International Standards ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Standards ◽  
Protection Of Human Rights ◽  
The Relationship ◽  
Determining Factor

The article examines the problem of protection of human rights in national and international law, which is the most important feature of civil society. Taking into account the importance of the area under study, as well as the importance of a clear settlement of relations regarding the observance of human rights in all spheres of life, the question of the relationship between the norms of national and international legislation in this area is acute. The purpose of the study is to determine the priorities between national and international legislation, as well as to establish the compliance of domestic norms designed to protect human rights with international legal standards. It has been established that the Constitution consolidates the priority of international instruments over national legislation that clearly defines the relationship and interaction of internationally recognized standards and principles with the relevant provisions of the current legislation of Ukraine in the sphere of protection of human rights and fundamental freedoms. This ensures that the participating countries comply with both their home-constitutions and international legal acts. Moreover, the level of global security depends on the level of correlation between the policies of individual states and the provisions of international legal norms. But the standards and principles of international law and international agreements of Ukraine may not be above the constitutional and are a part of the national system of law, which is based on the Constitution of Ukraine. In addition, international standards should not be perceived as immutable, since it may lead to a partial loss of the national identity of the legal system. Therefore, the perception of these international standards should take into account the traditions and specifics of the national legal system. The Constitution of Ukraine shall be a guarantor of preserving national identity in the process of implementation or reception of international standards. It is determined that international legal standards are the determining factor that determines the level of correlation of national legislation with the relevant international legal norms. International legal standards have been defined as the determining factor that reveals the correlation level of national legislation with relevant international legal norms.

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