[1] | Almqvist, Human Rights, Culture, and the Rule of Law, 10. |
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[2] | Howard Berman, “Introductory Note – United Nations Commission on Human Rights Sub-Commission on Prevention of Discrimination and Protection of Minorities: Draft United Nations Declaration on the Rights of Indigenous Peoples”, in International Legal Materials, 34 (1995): 541. Vienna Declaration and Programme of Action, United Nations World Conference on Human Rights, 25 June 1993, UNDoc A/CONF 157/23. Para 5 of the Vienna. |
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[3] | Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (New York: Random House, 2001), 221. |
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[4] | The Executive Board, American Anthropological Association, “Statement on Human Rights” in American Anthropologist 49, no. 4 (1947): 539. |
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[5] | Universal Declaration of Human Rights, 10 December 1948, Art 17(1), GA Res 217 (III), UN GAOR, 3rd Sess, Supp No 16, UN Doc/A/810. According to Article 17(1): “Everyone has the right to freely participatein the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” |
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[6] | Robert Wuthnow, Meaning and Moral Order: Explorations in Cultural Analysis (Berkeley: University of California Press, 1987), 337-338, apud. Almqvist, Human Rights, Culture, and the Rule of Law, 41. |
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[7] | Ann Swidler, “Culture in Action: Symbols and Strategies” in American Sociological Review 51, no. (1986): 273. |
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[8] | Jessica Almqvist, Human Rights, Culture, and the Rule of Law (Oxford and Portland: Hart Publishing,2005), 40. |
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[9] | Almqvist, Human Rights, Culture, and the Rule of Law, 40-46; The notion of “comprehensive doctrine” was defined and developed by John Rawls, Political Liberalism (New York: Columbia University Press, 1995). |
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[10] | Almqvist, Human Rights, Culture, and the Rule of Law, 41. |
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[11] | Edward B. Tylor, Primitive Culture: Researches into the Development of Mythology, Philosophy, Religion, Art, and Custom (London: Gordon Press, 1974), 1. |
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[12] | Al Kroeber and Clyde Kluckhohn, Culture: A Critical Review of Concepts and Definitions (New York: Vintage Books, 1963 [1952]), 357. See, for example, Immanuel Kant, Lectures on Ethics (Cambridge: Cambridge University Press, 2001), 262-263. |
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[13] | Rawls, Political Liberalism, 13-14. |
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[14] | John Henry Merryman, The Civil Law Tradition: An Introduction to the Legal Systems of Western Europe and Latin America (Stanford: Stanford University Press, 1985), 2. |
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[15] | Lawrence Friedman, “The Concept of Legal Culture: A Reply”, in Comparing Legal Cultures, ed. David Nelken, (Aldershot: Dartmouth, 1997), 126. The debate surrounding “divergence” refers to the growth of differences between legal systems. |
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[16] | Erhard Blankenburg, “Civil Litigation Rates as Indicators for Legal Cultures”, in Comparing Legal Cultures, ed. David Nelken, (Aldershot: Dartmouth: 1997), 34; Erhard Blankenburg, “Patterns of Legal Culture: The Netherlands Compared to Neighboring Germany”, in American Journal of Comparative Law 46, no. 1 (1998): 2-3. |
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[17] | Journal for Communication and Culture 1, no. 2 (Winter 2011). |
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[18] | KaarloTuori, “Towards a Multi-Layered View of Modern Law”, in Justice, Morality and Society: A Tribute to AleksanderPeczenik on the Occasion of His Birthday 16 November 1997, ed. Aulis Aarnio (Lund: Juristförlaget Lund, 1997), 433. |
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[19] | Pierre Legrand, “European Legal Systems Are Not Converging”, in International and Comparative Law Quarterly 45 (1996): 61; Pierre Legrand, “What Legal Transplants?” in Adapting Legal Cultures eds. David Nelken and Johannes Feest (Oxford: Hart Publishing, 2001), 65. |
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[20] | Legrand, “European Legal Systems Are Not Converging”, 61-62, 76-78. |
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[21] | Friedman, “The Concept of Legal Culture: A Reply”, 34. |
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[22] | Friedman, The Legal System: A Social Science Perspective (New York: Russel Sage Foundation, 1975), 223. |
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[23] | Friedman, The Legal System: A Social Science Perspective, 193. |
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[24] | Friedman, The Legal System: A Social Science Perspective, 194. |
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[25] | Roger Cotterrell, “The Concept of Legal Culture”, in ed. David Nelken, Comparing Legal Cultures (Aldershot: Dartmouth, 1997), 15. |
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[26] | Cotterrell, “The Concept of Legal Culture”, 21. |
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[27] | Johannes A. van der Ven, Jaco S. Dreyer, Hendrik J.C. Pieterse, Is there a God of Human Rights? The Complex Relationship between Human Rights and Religion: A South African Case (Leiden/Boston: Koninklijke Brill NV, 2004), 77. |
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[28] | Van der Ven, Dreyer and Pieterse, Is there a God of Human Rights?, 80. |
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[29] | “The Human Right to Peace”, accessed October 14, 2011, http://unesdoc.unesco.org/images/0010/001055/105530e.pdf. |
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[30] | See Jürgen Habermas, Justification and application: Remarks on discourse ethics (Cambridge: MIT Press, 1993). |
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[31] | Richard Rorty, “Human rights, rationality, and sentimentality”, in On human rights: The Oxford Amnesty Lectures, eds. Stephen Shute and Susan Hurley (New York: Basic Books, 1993), 111-134. |
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[32] | Kirsten Hastrup, “Accommodating diversity in a global culture of rights: An introduction”, in Legal cultures and human rights: the challenge of diversity, ed. Kirsten Hastrup (The Hague: Kluwer, 2001), 1-24. |
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[33] | Van der Ven, Dreyer and Pieterse, Is there a God of Human Rights?, 82-83. |
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[34] | The point cited is illustrated by the authors with examples from two areas: the right to life and the freedom of religion; See Van der Ven, Dreyer and Pieterse, Is there a God of Human Rights?, 83. |
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[35] | Almqvist, Human Rights, Culture, and the Rule of Law, 33. |
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[36] | World Commission on Culture and Development, Our Creative Diversity. Report submitted to UNESCO and the United Nations in November 1995 (Paris: UNESCO, 1998)Council of Europe Framework Convention for the Protection of National Minorities, Art 5. |
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[37] | Will Kymlicka and Wayne Norman, eds., “Introduction”, in Citizenship in Diverse Societies (New York: Oxford University Press, 2000), 5. |
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[38] | Charles Taylor, “The Politics of Recognition” in Multiculturalism: Examining the Politics of Recognition, ed. Amy Gutmann, (Princeton: Princeton University Press, 1994). |
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[39] | AvishaiMargalit and Joseph Raz, “National Self-determination” in The Journal of Philosophy 87, no. 9 (1990): 439. |
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[40] | Will Kymlicka, Liberalism, Community and Culture (Oxford: Oxford University Press, 1989), 165. |
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[41] | Thomas M. Leonard (2006). Encyclopedia of the Developing World: Index. A-E. Taylor & Francis. p. 771. |
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[42] | Clapham, Human Rights (2007), p. 27. |
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[43] | Neier, The International Human Rights Movement (2012), pp. 7-9. |
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[44] | Normand and Zaidi, Human Rights at the UN (2008), pp. 40-43. |
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[45] | Normand and Zaidi, Human Rights at the UN (2008), pp. 56-57. |
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[46] | Normand and Zaidi, Human Rights at the UN (2008), p. 57. |
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[47] | John David Skretny, "The effect of the Cold War on African-American civil rights: America and the world audience, 1945-1968", Theory and Society 27(2), 1998. |
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[48] | Normand and Zaidi, Human Rights at the UN (2008), p. 118. "These proposals were reintroduced in San Francisco during the drafting of the Universal Declaration of Human Rights. Latin America's significant intellectual production supporting human rights is a major reason the region has been called 'the forgotten crucible' of universal human rights. Latin American jurisprudence was particularly well suited to bridging cultural divides in human rights by linking civil and political rights with economic and social rights." |
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[49] | Neier, The International Human Rights Movement (2012), pp. 2-3. |
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[50] | Winston E. Langley (1999). Encyclopedia of Human Rights Issues Since 1945. Greenwood Publishing Group. pp. 11-16. |
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[51] | Normand and Zaidi, Human Rights at the UN (2008), p. 127. |
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[52] | Normand and Zaidi, Human Rights at the UN (2008), pp. 136-138. "A few activists, in particular those whose agenda focused on racial equality and decolonization, were dismayed by the results of San Francisco. The NAACP and allied groups, which had invested significant time, resources, and hopes in using the global forum to highlight the evils of entrenched racism inside the United States and internationally, were bitterly disappointed at the outcome. To no avail, they criticized the failure to dent the vastly unequal power relations operating both between states and within their borders. Rayford Logan, civil rights activist and chair of the history department at Howard University, characterized the human rights articles in the Charter as a 'tragic joke'. But these were minority voices. Just as Roosevelt anticipated, the NGO consultants were thrilled with the role they had played in establishing the organization and fanned out across the country to spread the good news." |
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[53] | Langley, Encyclopedia of Human Rights Issues since 1945 (1999), p. xiv. |
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[54] | See International Convention on Economic, Social and Cultural Rights, 16 December 1966, Art 1, GA Res 2200A(XXI), 21 UN GAOR, 21st Sess, Supp No 16, UN Doc A/6316 (1966); International Convention on the Elimination of All Forms of Racial Discrimination, 21 December 1965, opened for signature 7 March 1966, 660 UNTS 195 (entered into force on 4 January 1969); Convention on the Rights of the Child, 20 November 1989, Art 31, 1577 UNTS 44, 49 (entered into force on 2 September 1990). |
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[55] | Journal for Communication and Culture 1, no. 2 (Winter 2011) 45. |
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[56] | From the American Declaration of the Rights and Duties of Man (1948) and the Additional Protocol to the American Convention on Human Rights (1994) to the African Charter on Human and Peoples’ Rights (1981) or the Protocol to the African Charter on the Rights of Women in Africa (2000). |
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[57] | United Nations, Fact Sheet No 16 (Rev 1), The Committee on Economic, Social and Cultural Rights;See also R O.Keefe, “The „right to take part in cultural life. under Article 15 of the ICESCR”, in International and Comparative Law Quarterly, 47, no. 4 (1998): 904. |
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[58] | UNESCO, Our Creative Diversity. Report of the World Commission on Culture and Development (Paris: UNESCO, 1995), 23-24. |
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[59] | United Nations Development Programme, Human Development Report 2004. Cultural Liberty in Today’s Diverse World (New York: United Nations Development Program, 2004). More interest has been offered to the right to enjoy one.s own culture from the viewpoint of minorities, indigenous populations and migrants. It is in this context that the right to culture has developed to signify a right to cultural identity and, possibly, a right to cultural integrity. |
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