500 research outputs found
Re-thinking the Role of Indigenous Peoples in International Law: New Developments in International Environmental Law and Development Cooperation
No full textIndigenous Peoples have classically been defined in terms of their situation of vulnerability and discrimination traceable back to colonialism. The first international legal instruments addressing indigenous peoples are based on such an understanding, and emphasize special protection for indigenous peoples in order to preserve their cultural identity. This article describes this approach a human rights-based one, even though, at the national level, the label "indigenous" is sometimes also interpreted as a synonym of political power. Meanwhile, international environmental law has introduced what this author calls a "functional approach" recognizing the participatory role of indigenous communities in supporting environmental conservation and use of biodiversity. From a functional perspective, it is a logical consequence to include other local communities, albeit not "indigenous" in the classical sense. Thirdly, in the sector of development cooperation, international financial institutions (IFIs) have designed policies with the aim of assuring indigenous peoples the opportunity to be consulted when IFI-funded projects could entail a negative impact on indigenous communities. At first glance, it could be said that those policies were inspired by a human rights-based approach. However, from a holistic perspective, the role of indigenous peoples becomes a more functional one. This paper contributes a critical analysis of the role of indigenous peoples from these two approaches: the human rights-based approach and the functional approach. The author argues that a definition of indigenous peoples based on a human-rights approach should be understood as encompassing also other groups living in similarly vulnerable situations. Even though a functional approach to indigenous peoples responds better to the principle of equality, this approach should be more respectful to the cultural and social values of indigenous or local communities, from whom a particular behavior is expected in order to achieve certain goals
Celano and the Rule of Law: A Matter of Graduality
No full textThis paper analyzes the contribution of Bruno Celano to the reflection on the rule of law, highlighting his Enlightenment interpretation and the emphasis the author places on a model of rules aimed at limiting the arbitrariness of power. Starting from Celano\u27s analysis, this study addresses the issue of violations of the rule of law, differentiating between violations of the moral ideal and legal norms, and between simple and complex violations. Through an investigation into the graduality and complexity that characterize the rule of law, a category of violations will be developed that reflects the organic nature of the rule of law and the interconnection between its individual components. The work concludes with an examination of the implications of these violations, both in terms of immediate impact and systemic effects, emphasizing the importance of a deep understanding of the rule of law to address challenges to its integrity.Il presente lavoro analizza il contributo offerto da Bruno Celano alla riflessione sullo Stato di diritto, mettendo in luce la sua interpretazione illuminista e l\u27enfasi che l’autore pone su un modello di regole volte a limitare l’arbitrarietà del potere. Muovendo dall\u27analisi di Celano, questo studio tratta la questione della violazione dello Stato di diritto, differenziando tra la violazione dell’ideale morale e delle norme giuridiche, e tra violazioni semplici e complesse. Attraverso un\u27indagine sulla gradualità e la complessità che caratterizzano lo Stato di diritto, verrà sviluppata una categoria di violazioni capace di riflettere l’organicità dello Stato di diritto e l’interconnessione tra i suoi singoli componenti. Il lavoro si conclude con il vaglio delle implicazioni di queste violazioni, sia sotto il profilo dell’impatto immediato, sia degli effetti sistemici, sottolineando l\u27importanza di una comprensione approfondita dello Stato di diritto per affrontare le sfide alla sua integrità
Reseña - Entre el vals vienés y el pasillo criollo. Música de salón en el Valle del Cauca, 1897 - 1930 de María Victoria Casas
No full textThis interesting book published in June of this year, by the Bachelor of Music, Master in History, specialized in university teaching, Maria Victoria Casas Figueroa, is the product of a long run by the author for the musical problems present in the region of the Cauca Valley. It provides, from this perspective, a necessary decentralization that, on this subject, has involved the writing of similar works published in localities such as Bogotá (Duque, 1998; Bermúdez, 2000) and Medellín (Velásquez Ospina, 2012).Este interesante libro publicado en Junio del presente año, de manos de la Licenciada en Música, Magíster en historia, especializada en docencia universitaria, Maria Victoria Casas Figueroa, es el producto de un largo transcurrir de la autora por las problemáticas musicales presentes en la región del Valle del Cauca. Aporta, desde esta perspectiva, una necesaria descentralización que, sobre dicha temática, han implicado la redacción de trabajos similares publicados en localidades como Bogotá (Duque, 1998; Bermúdez, 2000) y Medellín (Velásquez Ospina, 2012)
How does fair trade, as practised by Trade Aid and MINKA, contribute to the aspirations of Quechua producers in Peru?
No full textAs part of a Master of Indigenous Studies from the University of Otago, Trade Aid staff member, Michelia Ward, conducted research throughout 2011 and 2012 on whether fair trade is able to contribute to the aspirations of indigenous producers. The research focused on fair trade as practiced by Trade Aid, New Zealand and one of its Peruvian partners, MINKA.Fair trade is a development mechanism that aims to support food and craft producers around the world to improve their lives through trade. Many indigenous communities are producers of craft or food products such as woven textiles and coffee, and have engaged in fair trade relationships selling mainly to Western consumers. Fair trade organisations have universal principles that provide guarantees to consumers about working conditions, fair payment and trading relations with producer groups. This research project focuses on whether a universal framework designed to bring development to disadvantaged and marginalized producers can work for unique indigenous cultures across multiple continents. This research focuses on Trade Aid in New Zealand and their partnership with a Peruvian fair trade organisation, MINKA, who works with Quechua producers in the Andes. Indigenous theorists place large value on local epistemes (knowledge systems) and local solutions to local problems. Is fair trade one of these local solutions, or just another solution imposed from the outside upon indigenous producers
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The requirement of consultation with indigenous peoples in the ILO ::between normative flexibility and institutional rigidity /
No full textIn The Requirement of Consultation with Indigenous Peoples in the ILO , María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO's potential to help harmonize different interpretations of the consultation requirement
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The requirement of consultation with indigenous peoples in the ILO ::between normative flexibility and institutional rigidity /
No full textIn 'The Requirement of Consultation with Indigenous Peoples in the ILO', María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO's potential to help harmonize different interpretations of the consultation requirement
Re/Presenting Artful Pedagogy: Relational Aesthetics in Early Childhood Contemporary Art Experiences
No full text<div class="page" title="Page 1"><div class="section"><div class="layoutArea"><div class="column"><p><span>Young children are experts in creating unpredictable </span><span>projects akin to the work of contemporary artists and within contemporary art practices. The author utilized a hybrid method of a/r/tography and action research to reveal the </span><span>relational moments, specifically conversations, collaborative </span><span>art making, and interactions of early learners. Contemporary </span><span>art, specifically as it relates to relational aesthetics, has the </span><span>potential to blend with pedagogy and point to new directions for art education of young children: an artful pedagogy. Art </span><span>created with a relational aesthetic emphasizes and only exists from participation and interactivity. Within the context of classroom experiences, compelling findings surrounding unpredictable projects and young learners as experts are deeply explored. In particular, implications are brought into focus </span><span>for visualizing conversations with young learners through art. The connections of relational aesthetics in art education to artful pedagogy are revealed through images of conceptual work by young learners and blurry photographs. Interpreting relational aesthetics with a pedagogical lens led to conclusions that point to an elevated view of the art of young children, a view that reveals the possibilities and further questions for art education that is informed by contemporary art. An artful pedagogy suggests that art education catch up with </span><span>contemporary art and reflect the living inquiry, curriculum, </span><span>and art of the educator and young learners. </span></p></div></div></div></div></jats:p
"Was That My Misunderstanding?": Managing Miscommunication and Problematic Talk at Work
No full textWhere workplace communication is ineffective or problematic there will often be
negative outcomes for individuals, teams or organisations as a whole. This thesis
examines these issues using data from a variety of New Zealand workplaces,
including most importantly an in depth case study of problematic communication in
a multicultural factory team. The thesis provides an illustrative analysis of the
communication issues that typically arise in these workplaces and the discursive
strategies used to manage miscommunication and problematic talk, as well as
exploring some of the analytic and theoretical issues which emerge when we attempt
to identify instances of miscommunication and diagnose how they came about. The
practical implications for workplaces are also discussed.
After evaluating previous approaches, the author proposes a comprehensive working
model for analysing miscommunication or problematic discourse in workplace
interaction which is based on a flexible multi-layered theoretical and methodological
framework. The analytic approach taken is to apply the tools of sociolinguistic
discourse analysis to data from actual interactions along with associated
ethnographic information, in conjunction with a critical analysis of organisational
communication practices and processes as seen from a community of practice
perspective. A multi-dimensional intertextual approach such as this allows analysis
of miscommunication and problematic talk at a number of different levels in order to
relate what is happening sequentially and 'on-line' during particular interactions or
sequences of interaction to factors such as social identity, group membership, team
culture and other aspects of the wider communicative and socio-cultural context
'The C Words': Clitorises, childhood and challenging compulsory heterosexuality discourses with pre-service primary teachers
No full textThis paper reports on accidental ethnographic research. It arose unexpectedly out of the
everyday teaching of first-year pre-service primary teachers at an Australian university.
Via narrative, self-reflexivity, and student responses, we explore the interwoven
workings of heteronormative, gendernormative and misogynist discourses when a
chapter from Queering Elementary Education in the Course Reader created
controversy, moral panic and resistance among students. The paper then charts the
implementation of various strategies and interventions by the three authors of the
paper: Greg, the lecturer; Maria, the Reading’s author; and Steph, the Reading’s
protagonist. While outlining the subsequent shifts in student responses and discourses,
we also problematise particular aspects of the processes of intervention where they still
point to the insidious power and overarching framework of heteronormativity and
gendernormativity that require ongoing challenges
O crime que salva a vergonha: moralidade e medicina legal nos processos de infanticío [sic] (Rio Grande do Sul 1891-1922)
No full textDissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Filosofia e Ciências Humanas, Programa de Pós-Graduação em História, Florianópolis, 2014.Esta pesquisa tem por objetivo identificar, através da análise de 15 processos crimes de infanticídio, ocorridos no Rio Grande do Sul, entre os anos de 1891 a 1922, como o saber médico legal investigou o corpo das mulheres acusadas de cometerem tal ato, e analisar os elementos que construíram o discurso jurídico acerca da moralidade feminina. Procurando perceber a construção de uma imagem que poderia, muitas vezes, influenciar no parecer final dos processos. Os processos crimes de infanticídio versam sobre uma arena especial de poder e confronto entre os agentes deste e os sujeitos. No caso proposto, o discurso produzido sobre do corpo e a moralidade feminina, muitas vezes não condizia com a realidade ou com a própria percepção destas mulheres acerca de si mesmas, na sociedade à qual pertenciam. Considerando que este discurso, assim como os demais eram produzidos por homens, pois o aparato jurídico do período era exclusivamente masculino. Assim, as rés são a expressão da subjetividade feminina em julgamento. O infanticídio é um crime que atinge a maternidade, e no período proposto, muitas são as construções acerca do que seria uma boa mãe e mulher. No Rio Grande do Sul, no início do século XX, havia a circulação das ideias oriundas do Positivismo, elaborado por Augusto Comte, que reforçou a imagem idealizada do feminino ligado à maternidade. Nos processos, identificamos um comportamento desejado e a conduta das mulheres, situações que oscilavam entre o permitido e o ilícito. O Positivismo ao ser reelaborado naquele território, afirmou a premissa da liberdade profissional. Logo, isto será discutido nesta pesquisa, pois se indivíduos poderiam exercer qualquer atividade, é importante pensar como isso se configurava no caso da Medicina, quando ocorria o encontro desta com judiciário, através da Medicina Legal.Abstract : This research aims to identify, through analysisof 15 cases of infanticide that occurred in Rio Grande do Sul, between the years 1891-1922 , how medical knowledge investigated the body of women accused of committing infanticide, as well as analyze elements that built the legal discourse about female morality. Attempting to realize the construction of an image that could often influence the final look of the processes. The cases of infanticide deal with a special arena of power and confrontation between the agents and the subjects involved. In the proposed case, the discourse produced on the female body and morality often not consistent with reality or with their own perception of these women about themselves, the society to which they belonged. Meanwhile, this discourse, and the rest were produced by men, because the legal apparatus of the period was exclusively male. Thus, the defendants are the expression of female subjectivity in judgment. Infanticide is a crime that affects motherhood, and in the proposed period, many are the constructs of what would have been a good mother and wife. In Rio Grande do Sul in the early twentieth century there was a movement of ideas arising from Positivism, elaborated by Auguste Comte, who reinforced idealized image of women linked to motherhood. Processes identified in a desired behavior and conduct of women, situations that ranged between the allowed and the illicit. Positivism, as it was reworked in that territory, claimed the premise of professional freedom. Soon, this will be discussed in this research, because if all individuals could engage in any activity, it is important to think how it was configured in the case of Medicine, when there was the meeting with the judiciary through Legal Medicine
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