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Human, Rights, Culture and the Rule of Law

Human, Rights, Culture and the Rule of Law

Author: Jessica Almqvist
Publisher: Hart Publishing
ISBN: 9781841135069
Published In: September 2005
Format: Hardback , 256 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 doctrines - ethical, religious and philosophical - addressing 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.

Jessica Almqvist is at the Fundación para las Relaciones Internacionales y el Diálogo Exterior, Madrid.

With a fresh and well balanced battery of concepts, the Author suggests and defends an original human rights approach to culture, an approach not necessarily grounded on Law…the book offers a well balanced theoretical framework in order to clarify the meaning of right to culture.
Manuel Nunez
Global Law Books
May 2006

...welcomingly refreshing as it is not often that we come across a book that integrates the rights of culture and human rights..This is an important book for our present times..
Kasturi Moodaliyar
Law and Politics Book Review
March 06

...an original approach to human rights and culture. It presents an interesting and valuable contribution to the debate on cultural rights…Academics, but also politicians and others working in the field of culture and rights can certainly learn a great deal from her analysis.
Yvonne Donders
Netherlands Quarterly of Human Rights
Vol. 26/1 (2008)

...Almqvist presents her thesis clearly and cogently...this is a valuable contribution to the debate in the area...
John O'Dowd
Public Law
2007