The Resource The culturalization of human rights law, Federico Lenzerini
The culturalization of human rights law, Federico Lenzerini
Resource Information
The item The culturalization of human rights law, Federico Lenzerini represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in European University Institute.This item is available to borrow from 1 library branch.
Resource Information
The item The culturalization of human rights law, Federico Lenzerini represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in European University Institute.
This item is available to borrow from 1 library branch.
- Summary
- The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, 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 particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity --
- Language
- eng
- Edition
- First edition.
- Extent
- xxiv, 275 pages
- Contents
-
- Culturally based approach to human rights in international legal instruments
- Culturally based approach to international human rights law in international practice
- Culturally based approach to international human rights law in regional practice
- Closing synopsis
- Revisitation of the 'universalism vs relativism' debate
- Benefits determined by a differentiated culturally based approach to human rights
- Why does a given degree of universalism remain necessary?
- Identification and delimitation of universal human rights standards
- 'Universalism' vs 'relativism' : the origins and characterization of the debate
- The philosophical foundations and development of international human rights law
- Methodological revisitation of the problem
- Are human rights a creation of the West? A look at pre-colonial societies
- The evolution of the Western concept of human rights
- Contemporary human rights standards in non-Western societies
- The progressive affirmation of collective rights, the weight of duties, and the diaspora from Western legacies : a holistic reconceptualization of human rights
- Culture and human rights : a tricky, indissoluble relationship
- Isbn
- 9780199664283
- Label
- The culturalization of human rights law
- Title
- The culturalization of human rights law
- Statement of responsibility
- Federico Lenzerini
- Language
- eng
- Summary
- The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, 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 particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity --
- Assigning source
- Provided by Publisher
- Cataloging source
- YDXCP
- http://library.link/vocab/creatorName
- Lenzerini, Federico
- Index
- index present
- Literary form
- non fiction
- Nature of contents
- bibliography
- http://library.link/vocab/subjectName
-
- Human rights
- Culture and law
- International law and human rights
- Multiculturalism
- Label
- The culturalization of human rights law, Federico Lenzerini
- Bibliography note
- Includes bibliographical references (pages 249-270) and index
- Carrier category
- volume
- Carrier category code
-
- nc
- Carrier MARC source
- rdacarrier.
- Content category
- text
- Content type code
-
- txt
- Content type MARC source
- rdacontent.
- Contents
-
- Culturally based approach to human rights in international legal instruments
- Culturally based approach to international human rights law in international practice
- Culturally based approach to international human rights law in regional practice
- Closing synopsis
- Revisitation of the 'universalism vs relativism' debate
- Benefits determined by a differentiated culturally based approach to human rights
- Why does a given degree of universalism remain necessary?
- Identification and delimitation of universal human rights standards
- 'Universalism' vs 'relativism' : the origins and characterization of the debate
- The philosophical foundations and development of international human rights law
- Methodological revisitation of the problem
- Are human rights a creation of the West? A look at pre-colonial societies
- The evolution of the Western concept of human rights
- Contemporary human rights standards in non-Western societies
- The progressive affirmation of collective rights, the weight of duties, and the diaspora from Western legacies : a holistic reconceptualization of human rights
- Culture and human rights : a tricky, indissoluble relationship
- Control code
- FIEb17518787
- Dimensions
- 24 cm.
- Edition
- First edition.
- Extent
- xxiv, 275 pages
- Isbn
- 9780199664283
- Media category
- unmediated
- Media MARC source
- rdamedia.
- Media type code
-
- n
- System control number
- (OCoLC)828139211
- Label
- The culturalization of human rights law, Federico Lenzerini
- Bibliography note
- Includes bibliographical references (pages 249-270) and index
- Carrier category
- volume
- Carrier category code
-
- nc
- Carrier MARC source
- rdacarrier.
- Content category
- text
- Content type code
-
- txt
- Content type MARC source
- rdacontent.
- Contents
-
- Culturally based approach to human rights in international legal instruments
- Culturally based approach to international human rights law in international practice
- Culturally based approach to international human rights law in regional practice
- Closing synopsis
- Revisitation of the 'universalism vs relativism' debate
- Benefits determined by a differentiated culturally based approach to human rights
- Why does a given degree of universalism remain necessary?
- Identification and delimitation of universal human rights standards
- 'Universalism' vs 'relativism' : the origins and characterization of the debate
- The philosophical foundations and development of international human rights law
- Methodological revisitation of the problem
- Are human rights a creation of the West? A look at pre-colonial societies
- The evolution of the Western concept of human rights
- Contemporary human rights standards in non-Western societies
- The progressive affirmation of collective rights, the weight of duties, and the diaspora from Western legacies : a holistic reconceptualization of human rights
- Culture and human rights : a tricky, indissoluble relationship
- Control code
- FIEb17518787
- Dimensions
- 24 cm.
- Edition
- First edition.
- Extent
- xxiv, 275 pages
- Isbn
- 9780199664283
- Media category
- unmediated
- Media MARC source
- rdamedia.
- Media type code
-
- n
- System control number
- (OCoLC)828139211
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.library.eui.eu/portal/The-culturalization-of-human-rights-law-Federico/R7FljrTte0c/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.library.eui.eu/portal/The-culturalization-of-human-rights-law-Federico/R7FljrTte0c/">The culturalization of human rights law, Federico Lenzerini</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.library.eui.eu/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.library.eui.eu/">European University Institute</a></span></span></span></span></div>
