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The Tension Between Group Rights and Human Rights

A Multidisciplinary Approach

Editor(s): Koen De Feyter, George Pavlakos
Media of The Tension Between Group Rights and Human Rights
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Published: 31-07-2008
Format: PDF eBook (?)
Edition: 1st
Extent: 318
ISBN: 9781847314413
Imprint: Hart Publishing
Series: Human Rights Law in Perspective
RRP: £75.60
Online price : £68.04
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Loren Epson

About The Tension Between Group Rights and Human Rights

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.

Table Of Contents

Introduction: Group Rights and Human Rights DANILO TÜRK
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 SIOBHÁN 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

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