The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book's team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed's reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development. Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights. This worthwhile contribution to the current cultural rights debate will be of interest to academics and students teaching and studying in the fields of culture, heritage and human rights as well as policymakers who are working within cultural rights related issues. Contributors include: S. Amin, L. Belder, Y.M. Donders, H. Hagtvedt Vik, L. Hughes, J. Kall, F. Macmillan, M. Mann, H. Porsdam, D. Shabalala, F. Shaheed, S. Teilmann-Lock

The Aporia of Rights is an exploration of the perplexities of human rights, and their inevitable and important intersection with the idea of citizenship. Written by political theorists and philosophers, essays canvass the complexities involved in any consideration of rights at this time. Yeatman and Birmingham show through this collection of works a space fora vital engagement with the politics of human rights.

The Syrian war has been an example of the abuse and insufficient delivery of humanitarian assistance. According to international practice, humanitarian aid should be channelled through a state government that bears a particular responsibility for its population. Yet in Syria, the bulk of relief went through Damascus while the regime caused the vast majority of civilian deaths. Should the UN have severed its cooperation with the government and neglected its humanitarian duty to help all people in need? Decision-makers face these tough policy dilemmas, and often the "neutrality trap" snaps shut. This book discusses the political and moral considerations of how to respond to a brutal and complex crisis while adhering to international law and practice. The author, a scholar and senior diplomat involved in the UN peace talks in Geneva, draws from first-hand diplomatic, practitioner and UN sources. He sheds light on the UN's credibility crisis and the wider implications for the development of international humanitarian and human rights law. This includes covering the key questions asked by Western diplomats, NGOs and international organizations, such as: Why did the UN not confront the Syrian government more boldly? Was it not only legally correct but also morally justifiable to deliver humanitarian aid to regime areas where rockets were launched and warplanes started? Why was it so difficult to render cross-border aid possible where it was badly needed? The meticulous account of current international practice is both insightful and disturbing. It tackles the painful lessons learnt and provides recommendations for future challenges where politics fails and humanitarians fill the moral void.

Human Rights and the Arts: Perspectives on Global Asia approaches human rights issues from the perspective of artists and writers in global Asia. By focusing on the interventions of writers, artists, filmmakers, and dramatists, the book moves toward a new understanding of human rights that shifts the discussion of contexts and subjects away from the binaries of cultural relativism and political sovereignty. From Ai Wei Wei and Michael Ondaatje, to Umar Kayam, Saryang Kim, Lia Zixin, and Noor Zaheer, among others, this volume takes its lead from global Asian artists, powerfully re-orienting thinking about human rights subjects and contexts to include the physical, spiritual, social, ecological, cultural, and the transnational. Looking at a range of work from Tibet, Indonesia, Sri Lanka, India, China, Bangladesh, Japan, Korea, Vietnam, and Macau as well as Asian diasporic communities, this book puts forward an understanding of global Asia that underscores "Asia" as a global site. It also highlights the continuing importance of nation-states and specific geographical entities, while stressing the ways that the human rights subject breaks out of these boundaries. Many of these works are included in the companion volume Human Rights and the Arts in Global Asia: An Anthology, also published by Lexington Books.

This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

This book is an account of the concept of equality from the perspective of both theory and practice, and presents methods of quantifying values. It considers both arguments and evidence, and tackles equality in its different forms, including economic equality, education, equality before the law, equality of opportunity, and gender equality. The book shows that inequality is a profoundly moral question, noting that there are good practical reasons for its adoption. It presents a consideration of classical theories from Aristotle to Hume, as well as contemporary approaches such as those offered by Rawls, Haidt, Temkin, and Parfit. It also contemplates issues such as the naturalistic fallacy, and considers what is different about the Goleman view of moral sensitivity and the ethical personality. The array of evidence includes the impact of climate and various plants such as sugar and cotton on the slave trade, the concept of Gaia, Darwinism, sex inequality, personality, culture, psychological issues, and the quantification of ethics. The book concludes with some practical suggestions for improving equality. It aims to raise awareness of the ways in which equality can be understood, and achieved. It will be relevant to students and scholars in philosophy, human rights, and law.

This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and the nature of conflicts among them.
Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing dilemmas of the day. Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse.
The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this book demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas, Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse.

The defeat of Apartheid and triumph of non-racial democracy in South Africa was not the work of just a few individuals. Ultimately, it came about through the actions – large and small – of many principled, courageous people from all walks of life and backgrounds.

Some of these activists achieved enduring fame and recognition and their names today loom large in the annals of the anti-apartheid struggle. Others were engaged in a range of practical, hands-on activities outside of the public eye. These were the loyal foot soldiers of the liberation Struggle, the unsung workers at the coal face who, largely behind the scenes, made a difference on the ground and helped to bring about meaningful change.

Even though Apartheid was aimed at entrenching white power and privilege, a number of whites rejected that system and instead joined their fellow South Africans in opposing it. Of these, a noteworthy proportion came from the Jewish community.

Mensches in the Trenches tells the hitherto unrecorded stories of some of these activists and the essential, if seldom publicised role that they and others like them played in bringing freedom and justice to their country.

This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

In Ethnic Identity and Minority Protection: Designation, Discrimination, and Brutalization, Thomas W. Simon examines a new framework for considering ethnic conflicts. In contrast to the more traditional theories of justice, Simon's theory of injustice shifts focus away from group identity toward group harms, effectively making many problems, such as how to define minorities in international law, dramatically more manageable. Simon argues that instead of promoting legislative devices like proportional representation for minorities, it is more fruitful to seek adjudicative solutions to racial and ethnic-related conflicts. For example, resources could be shifted to quasi-judicial human-rights treaty bodies that have adopted an injustice approach. This injustice approach provides the foundation for Kosovo's case for remedial secession, and helps to sort out the competing entitlement claims of Malays in different countries. Indeed, the priority of Thomas W. Simon's Ethnic Identity and Minority Protection is to ensure the tales of designation and discrimination told at the beginning of the work do not become the stories of brutalization told at the end. In short, the challenge tackled in this text is to assure that reason reigns over hate.

Revelations about U.S. torture and prisoner abuse in blatant violation of the long-established and universally recognized Geneva Conventions have horrified most Americans. Nevertheless, it has been argued that the high stakes of the "War on Terror" have made the protections offered by the Conventions obsolete, or that the abuses are the work of a few rogue soldiers and officers. This book reaches past the headlines into the historical record to document POW torture and also domestic prisoner abuse dating well back in our history as well as government and military knowledge of and collusion in such ostensibly illegal and reprehensible acts. Is torture and prisoner abuse justified in the name of some greater good? As a society we shall have to decide. The historical record presented here can contribute much to an informed national discussion. Series features: BLTimeline anchoring the discussion in time and place BLBibliography of print and Internet resources guiding further exploration of the subject BLCharts and tables analyzing complex data, including survey results

National Human Rights Institutions (NHRIs), defined by the UN as bodies established to promote and protect human rights, have increased in number since the General Assembly adopted principles governing their effectiveness in 1993. The UN and others have encouraged states to set up such institutions as an indication of their commitment to human rights, and now over 20 such institutions exist in Africa and many more will follow. These institutions have taken various forms including ombudsmen, commissions, or a combination of the two. They differ in terms of how they are established; some by constitution, some by legislation and some by decree. These NHRIs have varying functions, usually both promotional and protective, such as giving advice to government, parliament, and others, making recommendations on compliance with human rights standards, awareness raising, and analysis of law and policy. Despite the considerable variations in the method of their creation, powers and composition, most of these institutions have chosen or indeed been mandated, to become involved in international and regional fora. This book examines these institutions in the African region, the way in which they use the international and regional fora, the effectiveness of their contributions and how they are able to participate.

A revealing, comprehensive, and detailed account focusing on the people and personalities behind the Montgomery, Alabama, Bus Boycott in 1955–1956, which became the catalyst for a national civil rights movement. The Montgomery Bus Boycott: A History and Reference Guide offers a comprehensive account of a critical turning point in American history. It offers a richly detailed chronological trip through post-World War II Southern society to the early 1960s, then focuses on the day-to-day frustrations, challenges, and victories of the people behind the protest that inspired a nationwide movement. The Montgomery Bus Boycott fills a gap in available resources with its comprehensive portrait of mid-1950s Montgomery—the mainly black, uneducated female protestors, activist Rosa Parks, Dr. King, and the white society desperate to keep intact the only culture they understood. Firsthand news reports, editorials, quotes, eyewitness accounts, and behind-the-scenes stories of political maneuvering help readers experience this dramatic—and still reverberating—victory over oppression.

View the Table of Contents
View the Preface

aReparations for the continuing legacy of American racism is the central civil rights issue of the twenty-first century. Henry's bold and insightful Long Overdue provides a detailed examination of the current rationale for compensation to African Americans. Long Overdue skillfully explores the political debate and controversies surrounding reparations, and provides constructive suggestions for what the movement needs in order to achieve its policy objectives.a
--Manning Marable, author of "Let Nobody Turn Us Around"

aHenry offers a simply superb interrogation of the Black reparations movement that is distinguished by its attention to history, social movements theory, and global context. The case studies presented here provide contrasting examples of reparations in distinct time periods and highlight political mobilization on local, national, and international scales. Long Overdue compellingly illustrates how distinct demands for reparations have been historically articulated, how they have converged with Black nationalist thought, and how they have influenced the broader public discourse on race and racism. An essential read for a contentious debate.a
--Michael Omi, co-author of "Racial Formation in the United States: From the 1960s to the 1990s"

Ever since the unfulfilled promise of aForty Acres and a mule, a America has consistently failed to confront the issue of racial injustice. Exploring why America has failed to compensate Black Americans for the wrongs of slavery, Long Overdue provides a history of the racial reparations movement and shows why it is an idea whose time has come.

Martin Luther King, Jr., remarkedin his aI Have a Dreama speech that America has given Black citizens a abad checka marked ainsufficient funds.a Yet apart from a few Black nationalists, the call for reparations has been peripheral to Black policy demands. Charles P. Henry examines Americansa unwillingness to confront this economic injustice, and crafts a skillful moral, political, economic, and historical argument for African American reparations, focusing on successful political cases.

In the wake of recent successes in South Africa and New Zealand, new models for reparations have recently found traction in a number of American cities and states, from Dallas to Baltimore and Virginia to California. By looking at other dispossessed group -- Native Americans, holocaust survivors, and Japanese internment victims in the 1940s -- Henry shows how some groups have won the fight for reparations.

As Hurricane Katrina made apparent, the legacy of racial segregation and economic disadvantage is never far below the surface in America. Long Overdue provides an up-to-date survey of the political and legislative efforts that are now breaking the surface to move reparations into the heart of our national discussion about race.

The late Jim Harris' theory of the science of law, and his theoretical work on human rights and property, have been a challenge and stimulus to legal scholars for the past twenty-five years. This collection of essays, originally conceived as a festschrift and now offered to the memory of a greatly admired scholar, assesses Harris' contribution across many fields of law and legal philosophy. The chapters are written by some of the foremost specialists writing today, and reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include contributions on topics as diverse as the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse. With a foreword by the Honourable Justice Edwin Cameron, this volume celebrates the life and work of Jim Harris

A volume in Teaching<~> Learning Indigenous, Intercultural Worldviews: International Perspectives on Social Justice and Human Rights Series Editor: Tonya Huber-Warring, St. Cloud State University, Minnesota For readers new to the field of multicultural education and human relations education, the recency of these publications heralded as seminal may be confusing, for certainly the concepts building the field of multicultural education and human relations education have been around much longer. True. But, for the first time, we found the conceptual framework, guiding principles, and critical works across disciplines and fields in Smith's encyclopedic organization. Because of the comprehensive nature of Pritchy Smith's knowledge bases, they have been employed as the organizing themes for this volume. I would clarify that I have not burdened authors to study Smith's analysis and then apply it to their works; the categorization is my own. And, as is true of any topic, the interpretation and application may be broadly applicable.One of my major goals in founding this series has been to further develop the knowledge bases with voices from those in the trenches (literally and figuratively) and at the chalkface-while proverbial for some parts of the world, chalk remains a teaching staple in many regions of the world. The pages of the Teaching<~> Learning Indigenous, Intercultural Worldviews: International Perspectives on Social Justice and Human Rights book series will be used to build the knowledge bases for diversity concerning places and peoples, philosophies and positionalities not commonly appearing in the professional literature on education. Throughout this volume, authors will explore and research their own discoveries on this journey-narratives of crossing cultures and developing communities, reconceptualizing democracy and reinterpreting traditions, seeking solidarity and sowing the seeds of social justice. Through critical reflection in the shade of these giants, the reader may discover Ming Fang's bamboo tree.

This timely work offers a clear and thorough assessment of how Roma make sure their voice is heard and addresses the difficulty in determining who legitimately represents this heterogeneous transnational minority community. The book argues that Roma are a transnational minority that, as such, requires transnational representation structures to complement domestic political representation structures. After explaining the relationship between representation and political participation within the context of ethnic mobilization, the book then evaluates representation structures and Roma participation in Romania, Hungary, and in the transnational political context. Analytically, the book presents a multidisciplinary approach that draws from the literature on minority rights, citizenship, international relations, and social movements. Empirically, it describes two domestic political contexts and a transnational one. An engaging, informative, and accessible text, Who Speaks for Roma? sheds light on the key challenges facing Roma across Europe today and will be a timely reference for anyone interested in minority politics, political participation, political representation, and human rights.