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This original and provocative book is concerned with fundamental questions in moral, political, and legal philosophy. It challenges both supporters and sceptics alike to rethink their ideas about human rights. The author explains that human life is not the same everywhere, noting that there are different traditions of culture and civilization. He argues that an adequate idea of human rights must take such a diversity seriously, and unlike the UN Declaration, it must not presuppose Western institutions and values. This theory of human rights developed by Milne deals systematically with the philosophical issues it raises. He shows that human rights can only be a minimum standard, not a panacea for the troubles of humanity. And that this significance, although modest, should not be underrated.
This accessible text defends human rights as truly universal for all persons globally, while respecting the importance of plurality and cultural diversity. It is unique, as well, in discussing cross-cultural negotiations regarding human rights. The book shows that there is no inherent contradiction between human rights norms and social and cultural values, practices, and forms of life worthy of preservation.
Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities, and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.
All people are equal but, as Human Diversity explores, all groups of people are not the same -- a fascinating investigation of the genetics and neuroscience of human differences. The thesis of Human Diversity is that advances in genetics and neuroscience are overthrowing an intellectual orthodoxy that has ruled the social sciences for decades. The core of the orthodoxy consists of three dogmas: - Gender is a social construct. - Race is a social construct. - Class is a function of privilege. The problem is that all three dogmas are half-truths. They have stifled progress in understanding the rich texture that biology adds to our understanding of the social, political, and economic worlds we live in. It is not a story to be feared. "There are no monsters in the closet," Murray writes, "no dread doors we must fear opening." But it is a story that needs telling. Human Diversity does so without sensationalism, drawing on the most authoritative scientific findings, celebrating both our many differences and our common humanity.
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.
Introduction - Irene Bloom
This theoretically innovative anthology investigates the problematic linkages between conserving cultural heritage, maintaining cultural diversity, defining and establishing cultural citizenship, and enforcing human rights. It is the first publication to address the notions of cultural diversity, cultural heritage and human rights in one volume. Heritage provides the basis of humanity’s rich cultural diversity. While there is a considerable literature dealing separately with cultural diversity, cultural heritage and human rights, this book is distinctive and has contemporary relevance in focusing on the intersection between the three concepts. Cultural Diversity, Heritage and Human Rights establishes a fresh approach that will interest students and practitioners alike and on which future work in the heritage field might proceed.
Over sixty years after the Universal Declaration of Human Rights, it has been widely observed that human rights resonate differently in various settings. This book addresses the timely and important question of how to understand human rights in a world of increasing diversity. The effects of globalization and the increasing mobility of persons and peoples have further deepened and multiplied the sites of interaction between different cultures, religions and ethnicities. These changes have been a source of enrichment, as multiculturalism, interculturalism and diversity permeate our daily lives. Yet, they have also revealed important societal cleavages, different conceptualizations of human rights, and divergent values and beliefs about moral, ethical, cultural and religious issues. In societies characterized by diverse social, ethnic, religious and cultural communities, it becomes critical to examine how to reconcile the tensions between respect for group-based identities and differences, the robust protections of individual rights and freedoms, and the maintenance of community solidarity and social cohesion. It is these tensions, mediated through debates about the interaction between human rights and diversity, that this book addresses. Eschewing any simple reconciliation of human rights and universalism, this book aspires to identify alternative frameworks that can facilitate the conceptualization of, and help find solutions to, the complex global human rights issues in diverse societies. In engaging with both the theoretical perspectives that question the 'universality' of human rights as well as assessing the practicality of diverse applications of human rights, this collection of essays explores how human rights can be employed to empower historically excluded and marginalized groups. Taking diversity into account in thinking about the universal aspirations of human rights protection requires us to reframe the question. Rather than asking whether human rights are universal, we need to ask how the universal principles underlying human rights are practically and tangibly realized in diverse contexts and communities. Through critical reflection and a reexamination of the concepts, categories, institutions and frontiers of human rights, this book contributes to an ongoing dialogue about human rights discourse and theory. Yet beyond its contribution to scholarly debates, it is our hope that this book will contribute to the development of concrete, tangible and institutional strategies for advancing the protection of human rights in diverse societies.
Robert Audi looks at four previous major attempts to codify ethical behaviour: the virtue ethics of Aristotle, the rule-based ethics of Kant; J.S. Mill's utilitarianism; and the movement known as 'common-sense' ethics associated with W.D. Ross.