Part I: Setting universal rights

Rights", Lucinda Joy Peach

This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.

The enjoyment and fulfilment of the right to participate in culture requires an enabling environment and a legal framework that offers a solid basis for the protection of rights related to cultural actions. A society that demonstrates an interest in nurturing cultural and spiritual needs in conditions of liberty has a greater chance of developing a sense of social responsibility among its members. This study is a general overview of existing legal and policy frameworks in Europe, covering access to and participation in cultural life, cultural provision and cultural rights. It aims at facilitating an environment that enables the development of access and participation in this area. The study also pays due tribute to local civil society organisations and cultural associations, in recognition of the important role they play in making access to culture possible.

Drawing on case studies from around the world - including Iran, Guatemala, USA and Mexico - this collection documents how transnational human rights discourses and legal institutions are materialised, imposed, resisted and transformed in a variety of contexts.

What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.

Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the usual legal or philosophical examination of rights, this book instead asks: Why is it--as a social and historical matter--that rights discourse is so prevalent and compelling to the current world?"Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, privacy, social rights, cultural rights, the role of courts, whether human rights are universal, and much more. This surprisingly compact book presents a balanced discussion of each issue, filled with fascinating details and examples. Friedman's core argument is that the recent rise of human rights discourse around the globe is the product of modernity--in particular the spread of the cultural belief that people are unique individuals entitled to respect and the opportunity to flourish. This terrific book will be informative not only to human rights experts and practitioners but also to people who wish to read a clear and sophisticated introduction to the field." -- Brian Z. Tamanaha, Professor of Law, Washington UniversityQuality ebook formatting from Quid Pro Books features active Contents, linked footnotes, linked textual cross-references, and active URLs in references. Professor Friedman's latest book joins Quid Pro's Contemporary Society Series.

Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.

'A Woman's Right to Culture' is a new and insightful analysis of the usual meme that cultural rights in international law are at odds with the rights of women in affected societies. Rather than seeing these concepts as mutually exclusive, Linda Veazey frames cultural rights -- through detailed case studies and analysis of law -- in a way that incorporates and enriches the very gender-protective norms they are often thought to defeat. Adding a Foreword by University of Southern California professor Alison Dundes Renteln, the study makes the case, and supports it with illustrations over several continents and cultures, that the only way out of the dilemma is to have a gendered conception of cultural rights. The book, writes Renteln, "provides a novel interpretation of women's human rights. This superb monograph written by political scientist and human rights advocate Dr. Linda Veazey is cutting-edge research in sociolegal scholarship concerning the status of global feminism." Renteln concludes that the author "shows convincingly that scholars and advocates must take greater care in analyzing policy debates in the light of competing international human rights claims. In her engaging work, Veazey makes an important contribution to legal theory, public law, feminist studies, political science, and human rights scholarship. Her fascinating analysis of the interrelationship between women's rights and cultural rights will undoubtedly be considered a classic. There is simply no book like it." A new and important book in international human rights and gender studies, from the independent academic press Quid Pro Books. Available worldwide in hardcover, paperback, and digital ebook editions."

Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.