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The Resource The culturalization of human rights law, Federico Lenzerini

The culturalization of human rights law, Federico Lenzerini

Label
The culturalization of human rights law
Title
The culturalization of human rights law
Statement of responsibility
Federico Lenzerini
Creator
Subject
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
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:388112/one
Instantiates
Publication
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
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:388112/one
Publication
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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