Community And Collective Rights

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Community And Collective Rights

Author : Dwight Newman
ISBN : 9781847317780
Genre : Law
File Size : 61.13 MB
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This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.
Category: Law

Reclaiming Collective Rights

Author : Monterroso, I.
Genre :
File Size : 46.77 MB
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In Peru, since 1974, more than 1,200 communities have been titled in the Amazon for over 12 million hectares, representing about 20% of the country's national forest area. This working paper analyzes policy and regulatory changes that have influenced how indigenous peoples access, use and manage forest and land resources in the Peruvian Amazon during the last fifty years. It reviews the main motivations behind changes, the institutional structures defined by law and the outcomes of these changes in practice. The paper discusses political priorities related to land and forest tenure, social actors involved in reform debates and the mechanisms used for recognizing indigenous rights claims. The paper argues that there has not been a single reform process in Peru; instead multiple reforms have shaped forest tenure rights, contributing to both progress and setbacks for indigenous people and communities. This working paper is part of a global comparative research initiative that is analyzing reform processes that recognize collective tenure rights to forests and land in six countries in highly forested regions.

Cultural Rights As Collective Rights

Author : Andrzej Jakubowski
ISBN : 9789004312029
Genre : Law
File Size : 35.88 MB
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Cultural Rights as Collective Rights offers a comprehensive analysis of the conceptualisation and operationalisation of collective cultural rights in distinct areas of international law. It also provides a wide panorama of case-law from every region of the world.
Category: Law

Group Rights As Human Rights

Author : Neus Torbisco Casals
ISBN : 9781402042096
Genre : Law
File Size : 20.37 MB
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Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
Category: Law

Operative Rights

Author : Beth J. Singer
ISBN : 0791416577
Genre : Political Science
File Size : 60.15 MB
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This book was written because none of the more traditional theories accurately portray the way rights, including individual rights, actually function. It develops a theory of rights that challenges the individualism of the human rights tradition and ascribes rights to collectivities as well as to individuals. Drawing in part on the thought of George Herbert Mead, Singer develops an analysis of rights as social institutions. Integral to this analysis is a theory of community and a related theory of the self that utilize insights derived from both Mead and Justus Buchler. Singer shows, on the one hand, how communities (ranging from small groups to ethnic minorities to nations) as well as individuals can have rights; and, on the other, why nonhuman animals cannot. Contending that rights exist only where they are actually operative within and among communities, she identifies fundamental rights that ought to be operative in and for every community. In addition to discussing aspects of major contemporary rights theories, Singer deals with current issues such as that of fetal rights and, with a variety of examples, the problem of conflicts of rights, including conflicts between the rights of communities and those of their members.
Category: Political Science

Indigenous Peoples Rights In Constitutions Assessment Tool

Author : Amanda Cats-Baril
ISBN : 9789176713242
Genre : Law
File Size : 85.48 MB
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The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.
Category: Law

The Protection Of Traditional Cultural Expressions In Africa

Author : Enyinna Nwauche
ISBN : 9783319572314
Genre : Law
File Size : 23.35 MB
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This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect. Such protection is considered in the context of a combination of positive protection models such as the protection offered by intellectual property rights and negative protection such as tangible heritage protection and authorisations by national competent authorities. These models are in turn assessed taking into consideration human and peoples’ rights frameworks, which recognise and affirm group entitlement to, among others, traditional cultural expressions. These frameworks ensure that such traditional cultural expressions are available for further innovation and creativity.
Category: Law

Rights And Reason

Author : Marilyn Friedman
ISBN : 9789401594035
Genre : Philosophy
File Size : 21.3 MB
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The papers in this book have been collected in celebration of Carl Wellman, who, after forty-five years, is retiring from teaching. Here I would like to highlight a few of the moments which have shaped Carl as a person and a philosopher. Although his childhood was not unhappy, Carl faced considerable challenges growing up in Manchester, New Hampshire. He ne ver knew his father; he and his mother, Carolyn, had little money; and he fought a long battle with Stevens-Johnson Syndrome, an illness which made hirn more familiar with hospitals than any young person should be. (His mother once told me that there were times when the doctors put Carl in his own hospital room because, while he was too young to be housed with adult men, they did not want the other children to see hirn die. ) Following a year of physician-prescribed rest after high school, the doctors recommended the University of Arizona in the misguided hope that the desert climate might improve his health. In spite of the doctors' hopes, life in Tucson was not easy. The heat takes its toll on everyone, but the desert was especially oppressive for Carl since his unusually sensitive eyes were no match for the intense sun. Still, Carl enjoyed college.
Category: Philosophy

Indigenous And Local Communities And Protected Areas

Author : Grazia Borrini
ISBN : 9782831706757
Genre : Nature
File Size : 58.36 MB
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Conventional approaches to managing protected areas have often seen people and nature as separate entities. They preclude human communities from using natural resources and assume that their concerns are incompatible with conservation. This volume explores protected area approaches and models that see conservation as compatible with human communities. The main themes are co-managed protected areas and community conserved areas. Practical guidance is offered, drawing on recent experience, reflections and advice developed at the local, national, regional and international level.
Category: Nature

Group Rights

Author : Julia Stapleton
ISBN : 1855064022
Genre : Philosophy
File Size : 49.22 MB
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Trust and corporation (extracts) / by F.W. Maitland -- Respublica Christiana -- by J.N. Figgis -- Society and state / by R.M. MacIver -- The discredited state / by E. Barker -- Conflicting social obligations / by G.D.H. Cole -- Community is a process / by M.P. Follett -- The eruption of the group / by E. Barker -- The masses in a representative democracy / by M. Oakeshott -- The atavism of social justice / by F.A. von Hayek -- Collective entities and moral rights / by V. van Dyke -- Capitalism, citizenship and community / by S. Macedo -- Liberalism and the politicization of ethnicity / by W. Kymlicka -- Are there any cultural rights? / by C. Kukathas -- The civil society argument / by M. Walzer.
Category: Philosophy

Ethnicity And Group Rights

Author : Ian Shapiro
ISBN : 9780814739631
Genre : Political Science
File Size : 68.72 MB
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Within Western political philosophy, the rights of groups has often been neglected or addressed in only the narrowest fashion. Focusing solely on whether rights are exercised by individuals or groups misses what lies at the heart of ethnocultural conflict, leaving the crucial question unanswered: can the familiar system of common citizenship rights within liberal democracies sufficiently accommodate the legitimate interests of ethnic citizens. Specifically, how does membership in an ethnic group differ from other groups, such as professional, lifestyle, or advocacy groups? How important is ethnicity to personal identity and self-respect, and does accommodating these interests require more than standard citizenship rights? Crucially, what forms of ethnocultural accommodations are consistent with democratic equality, individual freedom, and political stability? Invoking numerous cases studies and addressing the issue of ethnicity from a range of perspectives, Ethnicity and Group Rights seeks to answer these questions.
Category: Political Science

Community Forest Management In The Peruvian Amazon

Author : Rosa Cossío
Genre : Electronic book
File Size : 70.76 MB
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This review summarizes the published literature, as well as any available information provided by NGOs or project proponents, on the practice of community forest management (CFM) in the Peruvian Amazon. It provides an overview of literature related to land-use and forest management by rural populations in the Peruvian Amazon, placing this information in the broader context of the forestry sector in Peru. The review describes the different manifestations of CFM in Peru and the most widely studied cases of CFM projects. The document also examines some emerging initiatives, summarizes the main challenges for CFM and highlights important areas for future research. One key finding of this review is that there is a general lack of scientific analyses of CFM in Peru: most information is available only via project reports prepared by project proponents and/or donors. The review stresses that community forest management takes many forms. People throughout the Amazon have long relied on forest resources for their shifting cultivation systems, and timber and NTFPs are central to the livelihoods of many. Typically, forest use has occurred informally with little oversight or control by the state. Beginning in the 1980s, environmental NGOs have introduced CFM initiatives in Peru. To date, most CFM projects focus only on indigenous communities to support timber management; by contrast, scientific studies have focused on forest use within subsistence livelihood systems. Given that there are approximately 2 million non-indigenous rural Amazonians in Peru, the forest footprint and market impacts of non-indigenous smallholder forest management are likely to be much greater than recognized. However, very little is known about these endogenous smallholder-led systems. More research is needed to increase our understanding of the heterogeneity of these systems and the opportunities and challenges that they represent.
Category: Electronic book

The Handbook Of Community Practice

Author : Marie Weil
ISBN : 9781452289977
Genre : Social Science
File Size : 76.3 MB
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The Second Edition of The Handbook of Community Practice is expanded and updated with a major global focus and serves as a comprehensive guidebook of community practice grounded in social justice and human rights. It utilizes community and practice theories and encompasses community development, organizing, planning, social change, policy practice, program development, service coordination, organizational cultural competency, and community-based research in relation to global poverty and community empowerment. This is also the first community practice text to provide combined and in-depth treatment of globalization and international development practice issues—including impacts on communities in the United States and on international development work. The Handbook is grounded in participatory and empowerment practices, including social change, social and economic development, feminist practice, community-collaborative, and engagement in diverse communities. It utilizes the social development perspective and employs analyses of persistent poverty, asset development, policy practice, and community research approaches as well as providing strategies for advocacy and social and legislative action. The handbook consists of forty chapters which challenge readers to examine and assess practice, theory, and research methods. As it expands on models and approaches, delineates emerging issues, and connects policy and practice, the book provides vision and strategies for local to global community practice in the coming decades. The handbook will continue to stand as the central text and reference for comprehensive community practice, and will be useful for years to come as it emphasizes direction for positive change, new developments in community approaches, and focuses attention on globalization, human rights, and social justice. It will continue to be used as a core text for multiple courses within programs, will have long term application for students of community practice, and will provide practitioners with new grounding for development, planning, organizing, and empowerment and social change work.
Category: Social Science

Community Based Water Law And Water Resource Management Reform In Developing Countries

Author : Barbara C. P. Koppen
ISBN : 9781845933272
Genre : Law
File Size : 37.96 MB
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The lack of sufficient access to clean water is a common problem faced by communities, efforts to alleviate poverty and gender inequality and improve economic growth in developing countries. While reforms have been implemented to manage water resources, these have taken little notice of how people use and manage their water and have had limited effect at the ground level. On the other hand, regulations developed within communities are livelihood-oriented and provide incentives for collective action but they can also be hierarchal, enforcing power and gender inequalities. This book shows how bringing together the strengths of community-based laws rooted in user participation and the formalized legal systems of the public sector, water management regimes will be more able to reach their goals.
Category: Law

Interpersonal Social Work Skills For Community Practice

Author : Donna Hardina, PhD
ISBN : 9780826108128
Genre : Social Science
File Size : 69.41 MB
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"Specifically dedicated to the skills that social workers need to advance community practice, this creative book is long overdue. Grounded in the wisdom and evidence of well-honed interpersonal social work skills...Donna Hardina's new text takes community practice to a higher level than ever before developed in book form; indeed she displays the most thorough understanding of research on community practice that I have read in any community practice text."--Journal of Teaching in Social Work Community organization has been a major component of social work practice since the late 19th century. It requires a diverse set of abilities, interpersonal skills being among the most important. This textbook describes the essential interpersonal skills that social workers need in community practice and helps students cultivate them. Drawing from empirical literature on community social work practice and the authorís own experience working with community organizers, the book focuses on developing the macro-level skills that are especially useful for community organizing. It covers relationship-building, interviewing, recruitment, community assessment, facilitating group decision-making and task planning, creating successful interventions, working with organizations, and program evaluation, along with examples of specific applications. For clarity and ease of use, the author employs a framework drawn from a variety of community practice models, including social action and social planning, transformative/popular education and community development approaches, and multicultural and feminist approaches. The text is linked to the competencies outlined in the Council of Social Work Educationís (2008) Educational Policy and Accreditation Standards (EPAS), as well as ethics and values identified in the National Association of Social Workersí (NASW) Code of Ethics, and the International Federation of Social Workersí statement of ethical principles. Most chapters begin with a quote from a community organizer explaining how interpersonal skills are used in practice, and student exercises conclude each chapter. The text also addresses other important skills such as legislative advocacy, lobbying, and supervision. Key Features: Describes the essential skills social workers need in community practice and how to acquire them Includes examples of specific applications drawn from empirical literature and the authorís experience working with community organizers Grounded in social justice, strengths-based, and human rights perspectives Linked to competencies outlined in EPAS and values identified in the NASW Code of Ethics Based on a variety of community practice models
Category: Social Science

Race Rights And Justice

Author : J. Angelo Corlett
ISBN : 9781402096525
Genre : Philosophy
File Size : 81.23 MB
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Race, Rights, and Justice explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism. After a critical assessment of various contemporary theories of law is provided, a new theory of legal interpretation is set forth and defended. The respective words of Immanuel Kant and H.L.A. Hart on the possibility and desirability of international law are carefully explicated. Following this, Race, Rights, and Justice defends John Rawls' Law of Peoples from the cosmopolitan liberal critique of it. The nature and importance of rights, both individual and collective, are clarified while correcting some political philosophies that have propagated confused rhetoric about rights. And the collective right to humanitarian intervention is investigated philosophically in terms of the recent problems in Colombia, with surprisingly original results. While the methodology of this book is thoroughly analytical, philosophically speaking, some of the conclusions drawn are substantially original, infusing the facts of race and racism into mainstream matters of philosophy of law. "In this collection of essays, J. Angelo Corlett continues his important work of bringing the perspective of indigenous peoples, and more generally of race, into mainstream philosophical debates about justice and rights. Corlett's book also has very valuable insights into the nature of international law that will greatly enrich our contemporary debates." (Larry May, Washington University in St. Louis, USA) "Angelo Corlett is a prolific writer whose work is invariably stimulating, provocative, and insightful. Race, Rights, and Justice is an important addition to the oeuvre. Corlett is not afraid to tackle big problems, and big names. See, for example, his scathing criticisms of Bork and Scalia on constitutional interpretation." (Burleigh T. Wilkins, University of California, Santa Barbara, USA)
Category: Philosophy

Transnational Terrorism And State Accountability

Author : Vincent-Joël Proulx
ISBN : 9781782250388
Genre : Law
File Size : 60.2 MB
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Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.
Category: Law

If God Were A Human Rights Activist

Author : Boaventura de Sousa Santos
ISBN : 9780804795036
Genre : Political Science
File Size : 30.72 MB
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We live in a time when the most appalling social injustices and unjust human sufferings no longer seem to generate the moral indignation and the political will needed both to combat them effectively and to create a more just and fair society. If God Were a Human Rights Activist aims to strengthen the organization and the determination of all those who have not given up the struggle for a better society, and specifically those that have done so under the banner of human rights. It discusses the challenges to human rights arising from religious movements and political theologies that claim the presence of religion in the public sphere. Increasingly globalized, such movements and the theologies sustaining them promote discourses of human dignity that rival, and often contradict, the one underlying secular human rights. Conventional or hegemonic human rights thinking lacks the necessary theoretical and analytical tools to position itself in relation to such movements and theologies; even worse, it does not understand the importance of doing so. It applies the same abstract recipe across the board, hoping that thereby the nature of alternative discourses and ideologies will be reduced to local specificities with no impact on the universal canon of human rights. As this strategy proves increasingly lacking, this book aims to demonstrate that only a counter-hegemonic conception of human rights can adequately face such challenges.
Category: Political Science

Time S Up

Author : C.T. (Terry) Gillin
ISBN : 1550288830
Genre : Business & Economics
File Size : 52.35 MB
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Mandatory retirement has become a major social and political issue in Canada. In this book expert authors explore the key themes that lie at the heart of the debate on this subject.
Category: Business & Economics