The Cultural Dimension of Human Rights (Collected Courses of the Academy of European Law)

La jaquette indique : "The intersections between culture and human rights have engaged some of the most heated and controversial debates across international law and theory. As understandings of culture have evolved in recent decades to encompass culture as ways of life, there has been a shift in emphasis from national cultures to cultural diversity within and across states. This has entailed a push to more fully articulate cultural rights within human rights law. This volume analyses a range of responses by international law, and particularly human rights law, to some of the thorniest, perennial, and sometimes violent confrontations fuelled by culture in relations between individuals, groups and the state in international society. Across the different issues tackled, the contributions are tied by one unifying thread - that culture is understood, protected and promoted not only for its physical manifestations. Rather, it is the relationship of culture to people, individually or in groups, and the diversity of these relationships which is being protected and promoted; hence, the fundamental overlap between culture and human rights Cover The Cultural Dimension of Human Rights Copyright Acknowledgments Contents Table of Cases Tables of Instruments Notes on Contributors Introduction PART I 1. Human Rights between Religions, Cultures, and Universality 1. Introduction 2. Human Rights and the Secularization of Christian Theology 3. The Separation of Human Rights Theory from Christianity 4. Opponents of the Universality of Human Rights 5. The Use of Human Rights 6. Theoretical Paradigm and Sociological Praxis 7. Conclusion 2. Liberty, Equality, Diversity: States, Cultures, and International Law 1. Introduction 2. Liberty 3. Equality 4. Diversity 5. Conclusion PART II 3. Protecting Minority Groups through Human Rights Courts: The Interpretive Role of European and Inter-American Jurisprudence 1. Introduction 2. Unearthing Human Rights Rationales: Substantive and Procedural Elements 3. Constraining the State: Positive Obligations, Proportionality Reviews, or Both? 4. Mainstreaming Accommodation through ‘Systemic’ Readings: From Restraint to Cross-fertilization 5. The Understanding of Minority Groups: Treaty Implications and Beyond 6. Conclusions: Towards a New Interpretive Ethos 4. Culture and the Rights of Indigenous Peoples 1. Culture as Collective Phenomenon and the Need to Protect It through Individual and Collective Rights 2. Indigenous Peoples’ Claims and Aspirations 3. International Legal Protections of Indigenous Culture Prior to UNDRIP 4. The United Nations Declaration on the Rights of Indigenous Peoples 5. The Legal Effect of UNDRIP, Customary International Law and ILA Resolution No 5/2012 6. Conclusion PART III 5. The European Union and Cultural Rights 1. Introduction 2. Cultural Rights and EU Constitutional Law 3. Cultural Rights in the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions 4. Cultural Rights and EU Human Rights Policy 5. Cultural Rights and EU Cultural Policy 6. Conclusion 6. Culture, Human Rights, and the WTO 1. Introduction 2. The Impact of WTO Rules on Culture: Two Key Issues 3. Human Rights Aspects of Culture in the WTO Context 4. Institutional Reflection on Human Rights and the WTO 5. Conclusion PART IV 7. Cultural Pluralism in International Human Rights Law: The Role of Reservations 1. Introduction 2. Reservations to International Human Rights Treaties 3. Cultural Reservations to the Convention on the Elimination of All Forms of Discrimination Against Women 4. Objections to Cultural Reservations by Other States Parties 5. The Committee on the Elimination of Discrimination Against Women 6. Concluding Remarks: Cultural Pluralism through Reservations 8. Suppressing and Remedying Offences against Culture 1. Introduction: A Holistic Understanding of ‘Culture’ 2. ‘Offences Against Culture’: A Multifaceted Concept which May Have Huge Implications for the Integrity of Human Dignity 3. Preventing Offences against Culture through Cultural Heritage-Related International Legal Norms 4. Repressing Offences against Culture 5. Remedying Offences against Culture through Judicial Enforcement 6. A Cooperative Approach to Remedying and Preventing Offences Against Culture 7. Combining Different Methods: Prosecution followed by Reconciliation as the Most Effective Means for Remedying and Preventing Offences Against Culture 8. Leaving the Past Behind: The Decisive Role of Reparations 9. Conclusion Bibliography Index The Intersections Between Culture And Human Rights Are Shown To Have Engaged Some Of The Most Heated And Controversial Debates Across International Law And Theory. As Understandings Of Culture Have Evolved In Recent Decades To Encompass Culture As Ways Of Life, There Has Been A Shift In Emphasis From National Cultures To Cultural Diversity Within And Across States. This Has Entailed A Push To More Fully Articulate Cultural Rights Within Human Rights Law.this Volume Provides A Taster Of The Responses By International Law, And Particularly Human Rights Law, To Some Of The Thorniest, Perennial, And ... Sometimes Violent Confrontations And Contestations Fuelled By Culture In Relations Between Individuals, Groups, And The State In International Society.--front Jacket Flap. 1. Human Rights Between Religions, Cultures, And Universality / Olivier Roy And Pasquale Annicchino -- 2. Liberty, Equality, Diversity: States, Culture, And International Law / Ana Filipa Vrdoljak -- 3. Protecting Minority Groups Through Human Rights Courts: The Interpretive Role Of European And Inter-american Jurisprudence / Gaetano Pentassuglia -- 4. Culture And The Rights Of Indigenous Peoples / Siegfried Wiessner -- 5. The European Union And Cultural Rights / Evangelia Psychogiopoulou -- 6. Culture, Human Rights, And The Wto / Tania Voon -- 7. Cultural Pluralism In International Human Rights Law: The Role Of Reservations / Yvonne Donders -- 8. Suppressing And Remedying Offences Against Culture / Federico Lenzerini. Edited By Ana Filipa Vrdoljak. Includes Bibliographical References (pages 273-285) And Index. "The intersections between culture and human rights are shown to have engaged some of the most heated and controversial debates across international law and theory. As understandings of culture have evolved in recent decades to encompass culture as ways of life, there has been a shift in emphasis from national cultures to cultural diversity within and across states. This has entailed a push to more fully articulate cultural rights within human rights law. This volume provides a taster of the responses by international law, and particularly human rights law, to some of the thorniest, perennial, and ... sometimes violent confrontations and contestations fuelled by culture in relations between individuals, groups, and the state in international society."--Front jacket flap