Del 0 - Human Rights Law in Perspective

Tension Between Group Rights and Human Rights

A Multidisciplinary Approach

Inbunden, Engelska, 2008

AvKoen De Feyter,George Pavlakos,UK) Pavlakos, Professor George (University of Glasgow,Koen de Feyter

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The discussion of group rights, while always a part of the human rights discourse, has been gaining importance in the past decade. This discussion, which remains fundamental to a full realisation by the international community of its international human rights goals, requires careful analysis and empirical research. The present volume offers a great deal of material for both. It makes a strong case in favour of a multidisciplinary approach to human rights and explores the origins and social, anthropological and legal/political dimensions of human rights and internationally recognised group rights. It explores legal issues such as the reservations to international treaties and methodological questions, including the question of deliberative processes which allow seemingly absolute requirements of human rights to be reconciled with culturally sensitive norms prevailing within various groups. The discussion continues by looking at specific contexts, including the situations of women, school communities, ethnic and linguistic minorities, migrant communities and impoverished groups.The final part of the volume examines the 'state of play' of human rights and group rights in international law, in international relations and in the context of internationally sponsored development policies. Here the authors offer a meticulous and critical presentation of the legal regulation of human rights and group rights and point to numerous weaknesses which continue to exist and which call for additional work by legal thinkers and practitioners.

Produktinformation

Utgivningsdatum2008-07-31
Mått156 x 234 x 25 mm
Vikt638 g
FormatInbunden
SpråkEngelska
SerieHuman Rights Law in Perspective
Antal sidor318
FörlagBloomsbury Publishing PLC
ISBN9781841138299

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Koen De Feyter is professor of international law at the law faculty of the University of Antwerp. He is the author of World development law (Antwerp, Intersentia, 2001) and Human rights. Social justice in the age of the market (London, Zed Books, 2005). He previously held positions at the European Inter-University Centre for Human Rights and Democratisation (Venice), at the Human Rights Centre of the University of Maastricht and at the Institute for Development Policy and Management (Antwerp). George Pavlakos is Research Chair in Globalisation and Legal Theory at the University of Antwerp. He has published widely in the areas of legal theory and philosophy; his other books include Jurisprudence or Legal Science? (edited with Sean Coyle) (Hart Publishing, 2006), a monograph in German entitled Rechtsontologie und praktische Vernunft (Nomos Verlag, 2007), an edited book entitled Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Hart Publishing, 2007), and his own most recent monograph Our Knowledge of the Law (Hart Publishing, 2007).

Introduction: Group Rights and Human Rights DANILO TURK Part I. The Multidisciplinary Approach to Rights 1. In Defence of a Multidisciplinary Approach to Human Rights KOEN DE FEYTER Part II. Origins of Rights (Genealogical Approaches) 2. On the Sociological Instrumentality of Human Rights and Minority Rights GERRIT-BARTUS DIELISSEN 3. Human Rights and the Anthropological Perspectives on the Dynamics of Cultural Differences M CALLARI GALLI 4. The Development of Minority Rights in Europe LISANNE WILKEN Part III. Are Rights Universal? 5. Gender Equality and Group Rights: Negotiating Just Multicultural Arrangements SIOBHAN MULLALLY 6. Let's Talk: Dealing with Difference in Human Rights Law RORY O'CONNELL 7. Non-Individualism and Rights GEORGE PAVLAKOS Part IV. Rights in Context 8. Are Women Human? Prostitution and the Search for the Right Rights REBECCA PATES 9. School Communities and Children's Rights GIOVANNA GUERZONI AND DANIELA SOCI 10. Citizenship: Anthropological Approaches to Migration and Social Exclusion BRUNO RICCIO AND GIUSEPPE SCANDURRA 11. Supporting Minority Rights: Inter-Group Determinants and Consequences ANCA MINESCU Part V. Rights in a Global World 12. The Protection of Groups and Group Rights in Europe STEPHAN BREITENMOSER 13. International Human Rights Law in Theory and Practice JEAN ALLAIN 14. Human Rights and International Relations NICOLA CATELLANI 15. Human Rights and Development Policies: Some Critical Issues regarding the Idea of 'Community' in the Development Field FEDERICA TARABUSI AND IVO GIUSEPPE PAZZAGLI