Ethno-Cultural Diversity and Human Rights : Challenges and Critiques.

Ethno-Cultural Diversity and Human Rights : Challenges and Critiques.

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 a...

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Bibliographic Details
Main Author: Pentassuglia, Gaetano
Format: eBook
Language:English
Published: Boston : BRILL, 2017.
Series:International Studies in Human Rights Ser.
Subjects:
Minorities > Legal status, laws, etc.
Minorities > Civil rights.
Human rights.
Discrimination > Law and legislation.
Discrimination > Law and legislation
Human rights
Minorities > Civil rights
Online Access:Click for online access
Table of Contents:
  • Intro
  • Ethno-Cultural Diversity and Human Rights
  • Contents
  • Preface
  • List of Contributors
  • Introduction: The Unpacking of Ethno-Cultural Diversity
  • Ethno-Cultural Diversity and Collective Interests
  • Collective and Group-Specific: Can the Rights of Ethno-Cultural Minorities be Human Rights?
  • 1 Introduction
  • 2 Collective Human Rights
  • 2.1 Indigenous Peoples and Collective Rights
  • 2.2 Both Human and Collective
  • 2.3 Ethno-Cultural Minorities and Collective Rights
  • 2.4 Collective Human Rights
  • A Threat to Individual Human Rights?
  • 3 Group-Specific Human Rights
  • 3.1 Indigenous Peoples and Group-Specific Rights
  • 3.2 Ethno-Cultural Minorities and Group-Specific Rights
  • 3.3 Making Sense of Group-Specific Human Rights
  • 3.3.1 The Primacy of Human Status
  • 3.3.2 Both Group-Specific and Human
  • 3.3.3 Group-Specific Human Rights
  • Apparent Rather Than Real?
  • 4 Conclusion
  • Why Majority Rights Matter in the Context of Ethno-Cultural Diversity: The Interlinkage of Minority Rights, Indigenous Rights, and Majority Rights
  • 1 Introduction: The Interlinkage of Minority and Majority Rights
  • 2 Locking Groups into Disadvantage and Victimhood
  • 3 Geographically Concentrated Minorities
  • 4 Indigenous Governments and the Challenges of Theoretical Approaches Based on Lack of Power
  • 5 Analysis of Group Rights Claims in Terms of Collective Interests
  • 6 Reconciling Majority and Minority Rights
  • 7 Policy Implications
  • 8 Conclusions
  • The Liberal Democratic Deficit in Minority Representation: The Case of Spain
  • 1 Introduction
  • 2 Minority Representation as an Issue for Human Rights
  • 3 Why Liberal Democracies are Averse to Recognising Stateless Nations in their Midst?
  • 4 From Nation States to Plurinational States
  • 4.1 Demoicracy
  • 4.2 National Cultural Autonomy
  • 5 The Case of Spain.
  • 5.1 Territorial Organisation in Spain
  • 5.2 Dealing with Catalan Demands of Self-determination
  • 5.3 A Plurinational Model of Democracy for Spain
  • 6 Conclusions
  • Ethno-Cultural Diversity and the International Legal System
  • Do Human Rights Have Anything to Say about Group Autonomy?
  • 1 Introduction: Bridging Self-Determination, Autonomy, and Human Rights
  • 2 Disaggregating the Debate: A Closer Look at the Faces of Group Autonomy in International Law
  • 2.1 Autonomy as a Platform for Articulating Claims
  • 2.2 A Story within a Story: Autonomy as a Narrow Legal Entitlement
  • 2.3 Autonomy as a 'Living' Human Rights Practice
  • 2.4 Autonomy across the Board: Cross-Cutting Dimensions
  • 2.4.1 Autonomy as Control over Decision-Making
  • 2.4.2 Does Autonomy Need a 'People'?
  • 2.5 Existing Autonomy and Human Rights: A Two-Pronged Tale
  • 3 Autonomy within the International Legal System: Contingent, Not Inherent
  • 3.1 Autonomy and the Ambivalences of International Law Discourse
  • 3.2 The Contingency of Autonomy and the Shaping of Sovereignty
  • 4 Conclusions: Group Autonomy between the Interstices and Structure of International Law
  • International Law, Ethno-Cultural Diversity and Indigenous Peoples' Rights: A Postcolonial Approach
  • 1 Introduction
  • 2 Early Legal Scholars and Natural Law
  • 3 The Peace of Westphalia and Beyond
  • 4 Contemporary International Law: a New Approach to Indigenous Peoples
  • 4.1 The League of Nations and the International LabourOrganization (ILO)
  • 4.2 The United Nations
  • 4.3 The UNDRIP
  • 4.4 Increasing Participation of Indigenous Peoples
  • 5 Conclusions
  • Indigenous Peoples and Intergenerational Equity as an Emerging Aspect of Ethno-Cultural Diversity in International Law
  • 1 Introduction
  • 2 The Concept of Intergenerational Equity.
  • 3 Intergenerational Equity, Protection of the Environment and the Rights of Indigenous Peoples
  • 3.1 Introduction
  • 3.2 Ethno-cultural Diversity and Indigenous Peoples
  • 3.3 Whaling and the Ethno-cultural Diversity of Indigenous Peoples
  • 3.4 Aboriginal Whaling and Intergenerational Equity
  • 4 Concluding Remarks
  • Ethno-Cultural Diversity, Migration, and Intersectionality
  • Ethno-Cultural Diversity and Human Rights in an Era of Mass Migration: Human Rights Issues in the Balance between Separate Provision and Integration for Settled Immigrant Communities
  • 1 Introduction
  • 2 Some Facts and Figures
  • 3 Differential Responses
  • 4 The Development of State Integration Programmes
  • 5 Human Rights Requirements and Standards
  • 6 Permissible Positive Action
  • 7 Some Key Areas of Concern
  • 7.1 National and Non-National Minorities
  • 7.2 Generational Issues
  • 7.3 Employment
  • 7.4 Social Services and Policing
  • 7.5 Housing
  • 7.6 Education
  • 7.7 Language
  • 7.8 Cultural Accommodation
  • 7.9 Participation in Government
  • 8 Conclusions
  • Minorities-within-Minorities Frameworks, Intersectionality and Human Rights: Overlapping Concerns or Ships Passing in the Night?
  • 1 Introduction
  • 2 Framing Problems and Interests in 'Minorities within Minorities' Debates
  • 2.1 Early Warnings amidst Discussions of Liberal Multiculturalism
  • 2.2 Assuming the Paradox of Multicultural Vulnerability
  • 2.3 New Perspectives on 'Minorities within Minorities': Collective Dimensions
  • 3 Paradoxes and Dilemmas in the Minorities-within-Minorities Frameworks
  • 3.1 Minorities-within-Minorities Frameworks as Dilemmatic
  • 3.2 Limitations for Analysing Collective Dimensions
  • 4 Intersectionality: Potential Contributions to the Debate
  • 4.1 Minorities within Minorities, Multiple Discrimination and Intersectionality.
  • 4.2 Intersectional Perspectives on Minorities-within-Minorities Cases
  • 5 Conclusions
  • Ethno-Cultural Diversity, Conflict, and Peacebuilding
  • Ethno-Cultural Diversity and Conflict: What Contribution Can Group Rights Make?
  • 1 Introduction
  • 2 State-building and the Recognition of Ethno-Cultural Diversity
  • 3 Do Group Rights Promote or Undermine State Stability? A Debate that Continues to this Day
  • 4 Assimilation vs. Identity Promotion
  • 5 An Overview of the Evidence
  • 6 How Many of the World's Conflicts are Driven by Factors Relating to Minority/ Indigenous Identity?
  • 7 Conclusions
  • The Post-Conflict Security Dilemma and the Incorporation of Ethno-Cultural Diversity
  • 1 Introduction: The Ambiguous Place of Ethno-Cultural Protections in Peace Agreements
  • 2 The Preventative Nature of Minority Rights
  • 3 The Security Dilemma
  • 4 Problems of Implementation
  • 5 Power-Sharing and Autonomy
  • 5.1 Autonomy
  • 5.2 Political Power-Sharing
  • 6 Conclusion
  • General Index.

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