Culture in the State Reporting Procedure of the UN Human Rights Treaty Bodies: How the HRC, the CESCR and the CEDAWCee Use Human Rights as a Sword to Protect and Promote Culture, and as a Shield to Protect Against Harmful Culture

Vincent Willem Vleugel

ISBN 10: 1839700068 / ISBN 13: 9781839700064

Editore: Intersentia Ltd, 2020

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Spuren von Feuchtigkeit / Nässe; Leichte Rillen / Abschürfungen / Risse / Knicke. Since the adoption of the Universal Declaration of Human Rights in 1948, the debate surrounding universality and cultural diversity has evolved from opposing views to a focus on reconciliation. Within the international human rights framework, States can consider cultural particularities when implementing treaties. UN human rights treaty bodies play a crucial role in maintaining a balance between upholding the universality of rights and allowing for cultural nuances in their interpretation and application. This book explores the functions of key UN treaty bodies, including the Human Rights Committee, the Committee on Economic, Social and Cultural Rights, and the Committee on the Elimination of Discrimination against Women, in fulfilling this role. The research reveals that human rights serve both as a means to protect culture and cultural diversity and as a safeguard against detrimental cultural practices. It also examines the dialogue between treaty bodies and States parties, focusing on how cultural arguments are addressed. The study concludes that treaty bodies primarily act as guardians of human rights universality. Their monitoring role is less about actively reconciling universality with cultural diversity and more about delineating the boundaries of cultural variation.

Codice articolo b6c1f781-b06d-4da2-b545-5949f2baf4e4

Dati bibliografici

• Titolo: Culture in the State Reporting Procedure of the UN Human Rights Treaty Bodies: How the HRC, the CESCR and the CEDAWCee Use Human Rights as a Sword to Protect and Promote Culture, and as a Shield to Protect Against Harmful Culture
• Editore: Intersentia Ltd
• Data di pubblicazione: 2020
• Lingua: Inglese
• ISBN 10: 1839700068
• ISBN 13: 9781839700064
• Rilegatura: Softcover
• Condizione: Fair
• Cataloghi dei venditori:
  • Political Science & Politics

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Riassunto

Ever since the adoption of the Universal Declaration of Human Rights in 1948 there has been a debate on the issue of universality and cultural diversity. Nowadays, this debate is not so much framed in terms of opposites, but more in terms of reconciliation. Under the international human rights framework, States are allowed to take cultural particularities into account when implementing the treaties. The UN human rights treaty bodies which monitor the implementation of the treaties by States have an important role to play in ensuring a proper balance between safeguarding the universality of the rights, while at the same time leaving room for cultural particularities in the interpretation and implementation of those rights by States. This book examines how the UN treaty bodies, in particular the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women, fulfil this role. The research shows that human rights are used as a sword to protect and safeguard culture and cultural diversity, and as a shield to protect against harmful aspects of culture. It also looks in-depth at the dialogue between treaty bodies and States parties, and the way cultural arguments are dealt with. The study concludes that the treaty bodies are first and foremost guardians of the universality of human rights. They use their monitoring role not so much (actively) to reconcile universality and cultural diversity or to accommodate cultural variation, but more to determine the limits of such cultural variation.

Dalla quarta di copertina

'[…] this book is very well written and addresses a very important question - how to reconcile and balance universalism and cultural relativism. […] it provides an excellent overview and analysis on the work of the UN treaty bodies and addresses their shortcomings meandering their way in the complex world of international politics.' -- Darsheenee Singh Raumnauth, Cross-cultural Human Rights Review, 2020
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Ever since the adoption of the Universal Declaration of Human Rights in 1948 there has been a debate on the issue of universality and cultural diversity. Nowadays, this debate is not so much framed in terms of opposites, but more in terms of reconciliation.

Under the international human rights framework, States are allowed to take cultural particularities into account when implementing the treaties. The UN human rights treaty bodies which monitor the implementation of the treaties by States have an important role to play in ensuring a proper balance between safeguarding the universality of the rights, while at the same time leaving room for cultural particularities in the interpretation and implementation of those rights by States. This book examines how the UN treaty bodies, in particular the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women, fulfil this role.

The research shows that human rights are used as a sword to protect and safeguard culture and cultural diversity, and as a shield to protect against harmful aspects of culture. It also looks in-depth at the dialogue between treaty bodies and States parties, and the way cultural arguments are dealt with. The study concludes that the treaty bodies are first and foremost guardians of the universality of human rights. They use their monitoring role not so much (actively) to reconcile universality and cultural diversity or to accommodate cultural variation, but more to determine the limits of such cultural variation.