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What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.
Using a legal and multidisciplinary approach towards empirical and prescriptive analysis of contemporary minority rights standards, this book defends and elaborates a robust minority rights framework for articulating a constitutional design responsive to the claims of ethno-cultural groups in Africa.
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
Culture and religion are overlapping phenomena: cultures are normally understood to subsume religions, and religions are very often central to cultures. The two are particularly closely associated when we focus on the kinds of difference that generate issues for public policy. The world has always been culturally and religiously diverse, but recent movements of population have intensified the internal diversity of societies. That increased diversity has presented societies with a number of pressing questions. How much should cultural differences matter? Can they and should they be treated impartially? Should they receive equal recognition and what sort of recognition might that be? Are cultural and religious differences at odds with human rights thinking or do universal human rights demand respect for those differences? When the demands of a religious faith clash with those of a society's rules, which should take precedence? Should the religious have to endure whatever burdens their beliefs bring their way, or should they be accommodated so that their religious faith does not become a source of social disadvantage? Should they have to put up with unwelcome treatments of their beliefs or should they be protected from the offensive and the disrespectful? These are some of the many issues examined in Culture, Religion and Rights.
This volume describes and analyzes alternative and emerging models of non-territorial autonomy (NTA), particularly in relation to decentralization. The authors push the NTA debate in new directions by offering a re-conceptualization based on ethno-cultural bottom-up decentralized action that redefines autonomy into its true sense of autonomous action. Through description, critical analysis, and evaluation of several case studies, this book assesses the potential for new paradigms within decentralized systems. The authors explore two approaches to political decentralization which add to the theoretical debate on NTA – network governance, which focuses on new dynamics in policy processes, and normative pluralism, which focuses on accommodating the distinctness of the groups through the subsidiarity principle with regard to their own affairs. The book explores the potential ramifications of ethno-cultural NTA institutions acting within the wider framework of state institutions and assesses the functions of these institutions as another dimension of decentralization and thus another ‘layer’ of democracy. With contemporary examples from Europe, the Middle East, Asia and South Africa, as well as theoretical aspects of the conceptualization of autonomy, this book offers a truly global perspective. It will be of great interest to policy-makers in countries experiencing adverse developments due to the pressure on public management, as well as advanced students and scholars questioning the ability of the Westphalian system to address cultural diversity.
Populism, Memory and Minority Rights is the flagship publication of the Tom Lantos Institute (TLI), a highly-regarded international human rights institute based in Budapest, Hungary. The publication provides a forum for discussion on crucial themes of global and regional importance on the accommodation of ethno-cultural diversity and related normative developments. It introduces TLI’s work in terms of its mandated issue areas, including Roma rights and citizenship, Jewish life and antisemitism, and Hungarian and other national minorities. The theoretical and empirical studies, commentaries, interviews, reports and other documents offer a unique source of information for libraries, research institutes, civil society actors, governments, intergovernmental organizations and all those interested in contemporary normative trends and debates in international minority protection.
There is no single answer to the question: what are human rights? The answer depends on whom you ask. Several of the papers presented at Fourteenth World Congress of Comparative Education held at Bog ̆aziçi University in Istanbul, Turkey, in June 2010 discussed issues related to human rights from a comparative education viewpoint. The nine papers presented in this book spans from policy analysis to practices in classrooms. They include analyses of human rights from a regional or country perspective, including Greece, Jordan, the Latin American region, Morocco, Northern Ireland, Portugal, the UK, the US, and Turkey. In facilitating a clarification of the ways in which we understand and talk about human rights in the field of comparative education, the editors have analysed and visualized the chapter contributions using Marie-Bénédicte Dembour’s categorization of human rights discourses. This is a fruitful exercise as it unravels the fact that we do not always mean the same thing when talking about human rights and also sheds light on the issues within human rights to which we are silent, issues that we should conceivably be discussing. Our engagement in human rights seems to focus on using these rights as leverage to promote our arguments about education, not engaging in a more philosophical debate about human rights. Human rights can be used as an ethical lingua franca and thus providing a fertile ground for nuancing our understanding of human rights. Since we experience a huge gap between morality and reality, an engagement in the ethical perspectives of human rights can help us on the way to closing this gap.
This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
In Assessing Multiculturalism in Global Comparative Perspective, a group of leading scholars come together in a multidisciplinary collection to assess multiculturalism through an international comparative perspective. Multiculturalism today faces challenges like never before, through the concurrent rise of populism and white supremacist groups, and contemporary social movements mobilizing around alternative ideas of decolonization, anti-racism and national self-determination Taking these challenges head on, and with the backdrop that the term multiculturalism originated in Canada before going global, this collection of chapters presents a global comparative view of multiculturalism, through both empirical and normative perspectives, with the overarching aim of comprehending multiculturalism’s promise, limitations, contemporary challenges, trajectory and possible futures. Collectively, the chapters provide the basis for a critical assessment of multiculturalism’s first 50 years, as well as vital insight into whether multiculturalism is best equipped to meet the distinct challenges characterizing this juncture of the 21st century. With coverage including the Americas, Europe, Oceania, Africa and Asia, and thematic coverage of citizenship, religion, security, gender, Black Lives Matter and the post-pandemic order, Assessing Multiculturalism in Global Comparative Perspective presents a comprehensively global collection that is indispensable reading for scholars and students of diversity in the 21st century.