1,721,130 research outputs found

    The Trail of Broken Dreams: The Status of Indigenous Peoples in International Law

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    The chapter examines the evolution of international law on indigenous peoples, starting from an historical perspective and describing in detail the various strategies used by the Western world to annihilate the resistance of those peoples. However, notwithstanding the genocidal practices perpetrated against them, indigenous peoples have been able to transmit their cultural identity and distinctiveness until the present days, when international law has finally taken conscience of the need to elaborate specific rules aimed at allowing the peoples concerned to give full expression to their dignity and retrieve their place in the world

    The Culturalization of Human Rights Law

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    This book has the purpose of investigating the impact played by culture in the contemporary dynamics of human rights. It offers a reconceptualization of the debate of universalism vs. cultural relativism and explores how the affirmation of a culturally-driven approach has shaped the recent development of international human rights law. Today custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting, adjudicating, and enforcing them through taking into due account the cultural specificities and needs of the different human communities. By means of the use of elements of cultural identities and cultural diversity as parameters for the interpretation, adjudication, and enforcement of human rights standards, the latter are evolving from the traditional strictly ‘universal’ idea to a ‘multi-cultural’ one, whereby rights are interpreted in a dynamic manner, responding to the particular needs of the relevant communities and individuals. As a result different meanings can be attributed to the same human rights standards by adapting them to the cultural needs of the persons and—especially—communities specifically concerned. This method is today extensively used and accepted in the context of international practice, even outside the human rights field. Culturalization of human rights law does not only maximize effectiveness of human rights standards, but also promotes the stability of inter-cultural relations and, ultimately, peace. At the same time, a basic cluster of human rights universalism remains necessary, representing the minimum content of the global social agreement uniting all members of the international community
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