Cultural Diversity and Cultural Rights Ge
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Fifty Years on Culture, Politics and Cultural Policy
Cinquante ans après Culture, politique et politiques culturelles Fifty Years On Culture, Politics And Cultural Policy Sommaire Table of Contents Sommaire Table of Contents Ouverture Opening Session Frédéric MITTERRAND Frédéric MITTERRAND Maryvonne DE SAINT PULGENT Maryvonne DE SAINT PULGENT Élie BARNAVI Élie BARNAVI Le modèle français en question Examining the French Model Les missions de 1959, vues de 2009 A 2009 perspective on the aims of 1959 Antoine COMPAGNON ............................................... Antoine COMPAGNON .......................................... 5 Redéfinir une culture véritablement cultivée Redefining a genuinely cultured culture Élie BARNAVI Élie BARNAVI Réponse à Antoine Compagnon et à Élie Barnavi Response to Antoine Compagnon and Élie Barnavi Jack LANG Jack LANG CHAPITRE 1 SESSION 1 La construction de l’Europe suppose-t-elle Does the Construction of Europe une politique culturelle commune ? Presuppose a Common Cultural Policy? Les politiques culturelles dans le temps Cultural policies in European time and space. et l’espace européens. Modèles et évolutions Models and evolutions Pierre-Michel MENGER ............................................ Pierre-Michel MENGER ......................................... 10 TABLE RONDE ROUND TABLE Présidée par Jack LANG Chaired by Jack LANG Modérateur : Emmanuel LAURENTIN Facilitator: Emmanuel LAURENTIN Intervenants : Liz FORGAN, Jan-Hendrik OLBERTZ, Panel members: Liz FORGAN, Jan-Hendrik OLBERTZ, Jacques RIGAUD, Ivaylo ZNEPOLSKI Jacques RIGAUD, Ivaylo ZNEPOLSKI La politique -
American Declaration on the Rights of Indigenous Peoples
Approved in Santo Domingo, Dominican Republic June 14, 2016 During the Forty-sixth Ordinary Period of Sessions of the OAS General Assembly AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES Organization of American States General Secretariat Secretariat of Access to Rights and Equity Department of Social Inclusion 1889 F Street, NW | Washington, DC 20006 | USA 1 (202) 370 5000 www.oas.org ISBN 978-0-8270-6710-3 More rights for more people OAS Cataloging-in-Publication Data Organization of American States. General Assembly. Regular Session. (46th : 2016 : Santo Domingo, Dominican Republic) American Declaration on the Rights of Indigenous Peoples : AG/RES.2888 (XLVI-O/16) : (Adopted at the thirds plenary session, held on June 15, 2016). p. ; cm. (OAS. Official records ; OEA/Ser.P) ; (OAS. Official records ; OEA/ Ser.D) ISBN 978-0-8270-6710-3 1. American Declaration on the Rights of Indigenous Peoples (2016). 2. Indigenous peoples--Civil rights--America. 3. Indigenous peoples--Legal status, laws, etc.--America. I. Organization of American States. Secretariat for Access to Rights and Equity. Department of Social Inclusion. II. Title. III. Series. OEA/Ser.P AG/RES.2888 (XLVI-O/16) OEA/Ser.D/XXVI.19 AG/RES. 2888 (XLVI-O/16) AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (Adopted at the third plenary session, held on June 15, 2016) THE GENERAL ASSEMBLY, RECALLING the contents of resolution AG/RES. 2867 (XLIV-O/14), “Draft American Declaration on the Rights of Indigenous Peoples,” as well as all previous resolutions on this issue; RECALLING ALSO the declaration “Rights of the Indigenous Peoples of the Americas” [AG/DEC. -
Cultural Rights in the United States: a Conflict of Aluesv
Minnesota Journal of Law & Inequality Volume 5 Issue 2 Article 3 June 1987 Cultural Rights in the United States: A Conflict of aluesV Sharon O'Brien Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Sharon O'Brien, Cultural Rights in the United States: A Conflict of aluesV , 5(2) LAW & INEQ. 267 (1987). Available at: https://scholarship.law.umn.edu/lawineq/vol5/iss2/3 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. Cultural Rights in the United States: A Conflict of Values Sharon O'Brien* Introduction ................................................... 268 I. Historical Development of Minority Rights ............. 270 Historical Examples of Pluralistic Arrangements ..... 271 International Protection of Group Rights ............. 273 Leading National Examples of Group Rights Protection ............................................. 279 Twentieth-Century Pluralist Thought ................. 281 The United States and the Rights of Minorities ...... 283 Available Constitutional Mechanisms ................. 287 II. Am erican Indians ....................................... 290 Historical Background and Assimilation Efforts ...... 290 Cultural Protection ................................... 296 Freedom of Religion .................................. 298 III. Native Hawaiians ........................................ 308 Historical Background ................................. 308 Cultural Protection ................................... 314 Protection of the -
US Opposition to the Cultural Exception
Brooklyn Journal of International Law Volume 36 Issue 3 SYMPOSIUM: Article 12 Governing Civil Society: NGO Accountability, Legitimacy and Influence 2011 The oM st Dangerous Game: U.S. Opposition to the Cultural Exception Kevin Scully Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Kevin Scully, The Most Dangerous Game: U.S. Opposition to the Cultural Exception, 36 Brook. J. Int'l L. (2011). Available at: https://brooklynworks.brooklaw.edu/bjil/vol36/iss3/12 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. THE MOST DANGEROUS GAME: U.S. OPPOSITION TO THE CULTURAL EXCEPTION INTRODUCTION n the 2004 documentary film Mondovino, filmmaker Jonathan Las- I siter explored a raging conflict in the increasingly globalized wine industry.1 At the heart of the conflict is the concept of terroir, which re- fers to the distinct tastes and aromas that result from the particular soil, climate, and growing methods of the different regions in which wine is made.2 These particularized attributes are critical in maintaining the di- versity of wines that occur throughout the world.3 In their absence, wines from Napa will become indistinguishable from those of Bordeaux.4 The local growers and wine aficionados interviewed in the film see two major threats to the continued existence of their cherished terroir.5 First, as multinational wine companies have accumulated -
Human Rights and Cultural Diversity
Textbooks in Global Justice and Human Rights Human Rights and Cultural Diversity Core Issues and Cases Andrew Fagan HUMAN RIGHTS AND CULTURAL DIVERSITY Core Issues and Cases Andrew Fagan Edinburgh University Press is one of the leading university presses in the UK. We publish academic books and journals in our selected subject areas across the humanities and social sciences, combining cutting-edge scholarship with high editorial and production values to produce academic works of lasting importance. For more information visit our website: edinburghuniversitypress.com © Andrew Fagan, 2017 Edinburgh University Press Ltd The Tun – Holyrood Road, 12(2f) Jackson’s Entry, Edinburgh EH8 8PJ Typeset in 11/13 Palatino Light by Servis Filmsetting Ltd, Stockport, Cheshire, and printed and bound in Great Britain by CPI Group (UK) Ltd, Croydon CR0 4YY A CIP record for this book is available from the British Library ISBN 978 1 4744 0116 6 (hardback) ISBN 978 1 4744 0118 0 (paperback) ISBN 978 1 4744 0117 3 (webready PDF) ISBN 978 1 4744 0119 7 (epub) The right of Andrew Fagan to be identified as the author of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988, and the Copyright and Related Rights Regulations 2003 (SI No. 2498). Contents Acknowledgements vi Abbreviations vii Introduction 1 1 A Defensible Universalism 7 2 Culture and Transcending Relativism 37 3 A Right to Cultural Identity 66 4 The Rights of Women – Patriarchy, Harm and Empowerment 94 5 The Rights of National and Ethnic Minorities 129 6 The Rights -
Cultural Governance in Contemporary China: Popular Culture, Digital Technology, and the State
! ! ! ! CULTURAL GOVERNANCE IN CONTEMPORARY CHINA: POPULAR CULTURE, DIGITAL TECHNOLOGY, AND THE STATE BY LUZHOU LI DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Communications and Media in the Graduate College of the University of Illinois at Urbana-Champaign, 2015 Urbana, Illinois Doctoral Committee: Professor Emeritus John Nerone, Chair Assistant Professor Amanda Ciafone Professor Emeritus Dan Schiller Professor Kent Ono, University of Utah ii ABSTRACT This dissertation is a study of the historical formation and transformation of the Chinese online audiovisual industry under forces of strategic political calculations, expanding market relations, and growing social participation, and the cultural ramifications of this process, especially the kind of transformations digital technologies have wrought on the state-TV-station-centered mode of cultural production/distribution and regulatory apparatuses. Through this case, the project aims to theorize the changing mode of cultural governance of post-socialist regimes in the context of digital capitalism. Using mixed methods of documentary research, interviews with industry practitioners, participant observations of trade fairs/festivals, and critical discourse analyses of popular cultural texts, the study finds that the traditional broadcasting and the online video sectors are structured along two different political economic mechanisms. While the former is dominated by domestic capital and heavily regulated by state agencies, the latter is supported by transnational capital and less regulated. Digital technologies coupled with transnational capital thus generate new cultural flows, processes, and practices, which produces a heterogeneous and contested cultural sphere in the digital environment that substantially differs from the one created by traditional television. -
Enhancing Enforcement of Economic, Social, and Cultural Rights Using
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship 2010 Enhancing Enforcement of Economic, Social, and Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR Sital Kalantry Cornell Law School, [email protected] Jocelyn E. Getgen Cornell Law School, [email protected] Steven A. Koh United States Court of Appeals for the Fifth Circuit Follow this and additional works at: http://scholarship.law.cornell.edu/facpub Part of the Education Law Commons, Human Rights Law Commons, and the International Law Commons Recommended Citation Kalantry, Sital; Getgen, Jocelyn E.; and Koh, Steven A., "Enhancing Enforcement of Economic, Social, and Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR" (2010). Cornell Law Faculty Publications. Paper 1076. http://scholarship.law.cornell.edu/facpub/1076 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. HUMAN RIGHTS QUARTERLY Enhancing Enforcement of Economic, Social, and Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR Sital Kalantry, * Jocelyn E. Getgen** & Steven Arrigg Koh*** I. Intro ductio n .................................................................................... 254 II. The Right to Education in the ICESCR: A Brief History and Theory. 262 Ill. Measuring Compliance with the Right to Education under the ICESC R...................................................................................... 26 6 A. Right to Education Language in the ICESCR .............................. -
The Nexus Between Human Rights and Democracy
E-PAPER A Companion to Democracy #1 To be Equal and Free: The Nexus Between Human Rights and Democracy THANDIWE MATTHEWS A Publication of Heinrich Böll Foundation, December 2019 Preface to the E-Paper Series “A Companion to Democracy” Democracy is a fluid, ever evolving and adaptable concept. It is influenced by historical and social context, geopolitical characteristics of a country, its neighbors, allies and adversaries, the political climate, local and global trends. The e-papers series “A Companion to Democracy” examine the phenomena and concepts closely related to democracy and democratization – those which have both a positive and a negative influence upon it. Some, like autocratization, corruption, the loss of legitimacy for democratic institutions and parties, curtailing civic participation or the uncontrolled proliferation of misleading information can rock democracy to its core. Others like human rights, active civil society engagement and accountability strengthen its foundations and develop alongside it. Our e-paper series delves into the most recent global trends and debates regarding democracy and its interactions with society, politics, rights and freedom. To be Equal and Free: The Nexus Between Human Rights and Democracy 2/ 29 To be Equal and Free: The Nexus Between Human Rights and Democracy Thandiwe Matthews 3 Contents Introduction 4 The ambiguous relationship between democracy and human rights 6 The evolution of the international human rights system: achievements and shortcomings 9 The erosion of human rights and its -
Multicultural Education As Community Engagement: Policies and Planning in a Transnational Era
Vol. 14, No. 3 International Journal of Multicultural Education 2012 Multicultural Education as Community Engagement: Policies and Planning in a Transnational Era Kathryn A. Davis Prem Phyak Thuy Thi Ngoc Bui University of Hawai`i at Mānoa U. S. A. Through viewing multicultural education as policy and planning that is enacted at national, regional, and local levels in Nepal and Vietnam, we explore the challenges and possibilities of engaging communities. We examine transnationalism, neoliberalism, and globalization as these impact national policies, community ideologies, regional/local economy, social welfare, and education. Critical ethnographic studies further focus on history, place, and culture in engaging communities of policy makers, educators, students, families and activists in reflection and transformation, policy making, and planning. These studies serve to re-envision multicultural education as critical community engagement and transformation within a transnational era. Transnationalism, Neoliberalism, and Education Resisting Monoculturalism in Nepal Reimagining Globalization, Multiculturalism and Education in Vietnam Multicultural Education as Community Engagement Notes References Indigenous and multicultural education across borders reveals ongoing debate over policies affecting achievement among students from linguistically-diverse and socioeconomically-marginal communities (Davis, 2009; Luke, 2008, 2011). Researchers (Evans & Hornberger, 2005; Luke, 2011; Wiley & Wright, 2004) document the negative impact on students of global trends towards one-size-fits-all approaches to basic skills, textbooks, and standardized assessment. These and other scholars from multilingual countries such as Australia, Canada, Namibia, New Zealand, and the Republic of South Africa (Beukes, 2009; Luke, 2011) have argued for policies of inclusion which promote community ideologies and language choice in schools through culturally responsive and linguistically responsible education. -
International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 3 January 1976, in accordance with article 27 Preamble The States Parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Recognizing that these rights derive from the inherent dignity of the human person, Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant, Agree upon the following articles: PART I Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. -
The Right to Science and Culture
THE RIGHT TO SCIENCE AND CULTURE LEA SHAVER* The Universal Declaration of Human Rights states: “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” This Article suggests how this text may offer a philosophical and legal basis to constrain the further expansion of protectionism in international IP law. Drawing on accepted methodologies of human rights interpretation and recent research from legal and economic scholars on the value of preserving the knowledge commons, the Article offers a theory of “the right to science and culture” as requiring a public goods approach to knowledge innovation and diffusion. The Article then translates this public goods theory into concrete guidance for policy makers seeking to implement human rights obligations, and for jurists asked to adjudicate rights-based challenges to copyright and patent laws. In conclusion, this Article suggests that reviving attention to this long-marginalized provision of international public law may provide an important rhetorical and legal tool with which to open up new possibilities for sensible IP reform. Introduction ................................................................... 122 I. Article 27 in Historical Perspective ............................... 131 A. Expanding Access to Science and Culture .................. 137 B. Protecting the Interests of Authors ........................... 144 C. From 1948 to the Current Crossroads ....................... 151 II. A Theory of the Right to Science and Culture ................... 154 A. Knowledge as a Global Public Good ......................... 156 B. Socioeconomic Rights and Universal Access ............... 163 * Lea Shaver is an Associate Research Scholar and Lecturer in Law at Yale Law School, where she is a Faculty Fellow of the Information Society Project. -
7 Cultural Diversity and Minorities
2 177 7 Cultural diversity and minorities Figure 7 A single flower does not make a garden, nor does a single bird bring spring. The Arab Human Development Report, 2003 7.1 Introduction1 Sitting in Egypt, eating Italian food, listening to French songs with a group of friends from Jordan, Lebanon, Spain or Sweden is becoming more and more commonplace for some young people. The traditional nation state, a territorial unit covering people who share a common national identity (historically, culturally or ethnically),2 faces new challenges – especially with people’s increasing mobility and globalisation, two factors which have helped to blur territorial boundaries and transform nation states, making them co-operate with each other. But still, the majority or dominant national cultures around the world are, in one way or another, imposing their identity on other groups at the nation state and global levels. Multi-ethnic environments are often faced with an official mono-culturalism that frequently comes at the expense of minority rights. According to the World directory Themes 178 of minorities, it is hard to pinpoint accurately the proportion of the world’s population that identifies themselves as minorities or as belonging to minority communities. However, this proportion is estimated to be above 10% and statistics suggest that more than 20% of the world’s population belongs to 6 000 different minority com- munities.3 As is the case all over the world, countries surrounding the Mediterranean Sea contain diverse cultural, ethnic and religious groups.4 Berbers, Baha’is, Copts, Kurds, Saharawis, Roma, Jews, Indian, Alawites, Finns, Hungarians, Turks, Arabs, Catalans, Buddhists, Druze, Swedes, Italians and many more groups exist as minorities in some countries and regions, while they may belong to the “majority” in others.