Search Results

You are looking at 1 - 10 of 19 items for

  • Author or Editor: Gaetano Pentassuglia x
  • Search level: All x
Clear All
In: Ethno-Cultural Diversity and Human Rights
In: Ethno-Cultural Diversity and Human Rights
In: Ethno-Cultural Diversity and Human Rights
In: Ethno-Cultural Diversity and Human Rights
In: Ethno-Cultural Diversity and Human Rights
In: Ethno-Cultural Diversity and Human Rights
Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.
What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.

Abstract

The identity of groups of an ethno-cultural variety has long fallen within the remit of international human rights law. In this context, discussions have been largely concerned with the legal status of groups and/or the nature of the legal right(s) in question. While acknowledging the importance of these dimensions, in this article I seek to provide an alternative account by discussing the continuities and discontinuities in articulating the very concept of group identity. I first examine the potential, limitations and eventual hybridity of human rights practice across the spectrum of minority/indigenous identities. Then, I critique a range of instabilities in human rights discourse relating to the idea of group identities, their personal scope and the role of international law. I argue that such instabilities do not merely mirror the ambivalent outlook of the relationship between human rights and group identities; they raise the broader question of whether there is a relatively more coherent way to capture the legitimacy of group claims. I conclude by pointing to the outer limits of identity claims, the understated interplay of sovereignty and inter-group diversity, and the need to unpack the reasons why certain groups merit protection in the way they do.

In: Populism, Memory and Minority Rights