Human Rights, Hate Crimes, and Hebrew-Christian Scripture

Мақалада адамның және азаматтың мәдени құқықтарын қамтамасыз ету мен қорғау жөніндегі халықаралық-құқықтық стандарттар, оларды жүзеге асыруға мемлекеттердің қызметі бағытталуы керектігі зерттелген. Адамның мәдени құқықтарын қоғамның ең жоғары құндылығы ретінде жариялайтын және құбылыстың нормативтік негізін құрайтын халықаралық құқықтық дереккөздер тобы талданған. Адам құқықтары мен бостандықтарын қорғау саласындағы халықаралық құқық нормаларын тиімді мемле-кетішілік іске асырудың маңыздылығы атап өтілген. Сондай-ақ, мақалада адам мен азаматтың мәдени құқықтарын қорғаудың халықаралық стандарттарының сәйкестігі мәселелеріне назар аударылды. Жалпыға бірдей танылған құқық қорғау стандарттарын мемлекетішілік имплементациялаудың тиімділігін арттыру жолдары да белгіленеді. Мәдени құқықтарды әртүрлі халықаралық-құқықтық актілерде және Экономикалық, әлеуметтік және мәдени құқықтар жөніндегі комитет қабылдаған жалпыға ортақ түсініктемесінде түсіндіру қарастырылды. Негізгі халықаралық-құқықтық акт — «Экономикалық, әлеуметтік және мәдени құқықтар туралы халықаралық Пактіні» зерделеуге ерекше назар аударылған.Зерттеуде қазіргі кезеңде адамның мәдени құқықтарын қорғауда айтарлықтай халықаралық тәжірибе жинақталғаны анықталды. Автор мәдени құқықтар мен бостандықтарды ұлттық және халықаралық реттеу саласындағы кейбір өзекті мәселелерді егжей-тегжейлі қарастырылған, оларды жою мүмкін-діктерін талдап, құқықтық жетілдіруге тиісті ұсыныстар берді.

Modern processes of globalization cause the transformation of the substantive aspect of human rights, which requires their scientific substantiation. The article will introduce the theoretical and methodological study of the cultural rights of the individual, as well as the issues of their implementation in the modern world under the influence of socio-economic, political and spiritual transformations. As a result of the analysis, the axiological concept of the realization of cultural rights by a person is shown, as well as the relationship with other, important, human rights is demonstrated; objective and subjective indicators that contradict the protection and implementation of cultural human rights are determined. The comparative legal analysis of the norms of Constitutions, national laws and international legal acts in the field of recognition and realization of cultural rights has revealed reformational trends in the field of their legal regulation in democratic states of the world. Based on the lack of a unified doctrinal theory of cognition of cultural rights, the adoption of a universal strategic international legal document designed to support the implementation of individual cultural rights in modern society - the "International Action Program for the development of an effective mechanism for the implementation of individual cultural rights in the field of integration" is recommended in the international arena. The purpose of this scientific article is to provide a comprehensive description of the problems of the realization of cultural rights and the formation of a holistic view of their further development in the conditions of modern globalization processes. While paying tribute to the theoretical and practical significance of this scientific heritage, it should be recognized that the realization of cultural rights in the context of globalization processes remains little explored. There are no generalizing, synthesizing works on the indicated problems. The article examines some aspects of the development of individual rights in an integrating world by the example of human rights in the field of culture. In this direction, the essence of the word "globalization" and the meaning of cultural rights are revealed. The article analyzes the version of cultural rights in various international legal instruments and in the general comments adopted by the Committee on Economic, Social and Cultural Rights. And also, the article establishes the place of cultural human and civil rights in the general structure of individual rights. The paper shows the specific features of the cultural rights of the individual. Based on the conducted research, it is concluded that the state is the subject of setting priorities in policy in the field of cultural issues, which also follow from its main tasks in this area. The results of the study can be used in goal-setting in the field of education and the design of normative legal acts in the field of education and human rights.

Two recent books place international law at the centre of inquiries into the nature of cultural rights. The first, Cultural Rights in International Law: Article 27 of the Universal Declaration of Human Rights and Beyond, by Elsa Stamatopoulou, explores "the concept of cultural rights by reviewing international and national legal instruments, international practice, and especially the role of UN bodies and entities in the implementation of these rights". The second, Cultural Human Rights, is a collection of essays edited by Francesco Francioni and Martin Scheinin. Wide-ranging in scope, Cultural Human Rights includes contributions that explore the relationship between cultural rights and the state, the relationship between cultural rights and other human rights, the rights of minorities and indigenous peoples, normative justifications of human rights in general and minority rights in particular, the law and politics of cultural identity and collective memory, and various forms of cultural protection in a variety of regional and international institutional contexts. Both demonstrate that understanding cultural rights in international law requires a multi-faceted approach, one that pays close attention to the historical, textual and institutional dimensions of cultural rights. They reveal, too, that international legal commitments to sovereignty and human rights are more relevant to moral and political accounts of the significance of cultural rights than they might otherwise appear.

Kosovo today is a house of cards. One false move and the house will fall down. Should the international troops--in particular the U.S. and British troops--pull out of Kosovo, it will collapse into communal violence. (1) The international security presence in Kosovo has generally succeeded in preventing the outbreak of another violent armed conflict but has accomplished little else beyond that. This is not surprising. Militaries can help prevent war, but they alone cannot build a sustainable peace. (2) The cessation of hostilities through the use of military force does not, in and of itself, resolve the strategic dilemmas, structural imbalances, and open wounds of unaddressed abuses and interpersonal hostilities. As David Lake and Donald Rothschild stress in their exhaustive study of ethnic conflict, a stable peace can arise only as effective institutions of government are reestablished, the state begins again to mediate between distrustful ethnic groups, and the parties slowly gain confidence in the safeguards contained in the new ethnic contracts. (3) Peacebuilding requires the efforts of a host of civilian actors focused on institution building, interpersonal reconciliation, and social transformation over the long term. More than 250 well-intentioned nongovernmental and governmental organizations have flooded into Kosovo offering a range of resources and promises. (4) Elections have been held, (5) homes have been rebuilt, schools have reopened, and roads have been repaved. Police and judges have been trained, and the Ad Hoc Tribunal for the Former Yugoslavia is well under way in its investigations into war crimes committed in Kosovo. Nonetheless, not one of the larger international goals that brought the international community to Kosovo in the first place has been reached. Kosovo is decidedly not a multiethnic and secure society, and equal access to basic human rights protections remains illusory. (6) Local police and administrative and judicial systems are still unable to operate independent of international oversight and, instead of joining government, many of the best and brightest in Kosovo have withdrawn from participation altogether. That the citizenry of Kosovo--Serb and Albanian alike--perceive no legitimate governance structure and process only magnifies pervasive feelings of insecurity and unfairness. As the international community looks toward new nation-building challenges in Afghanistan and elsewhere, the struggle for lessons learned from Kosovo is acute. The experience of Kosovo suggests that there must be more and better attempts to incorporate local actors and experiences and to draw on them in building human rights cultures. I divide my argument into four parts: (1) an explanation of the use of the term human rights culture and the introduction of a framework for understanding and analyzing the local impact of human rights norms in post-conflict societies; (2) a discussion of the nature of the human rights culture in Kosovar society prior to the North Atlantic Treaty Organization's (NATO) bombing in 1999; (3) an exploration of the impact of postagreement civil intervention on human rights culture; and (4) suggestions for improvement, with specific attention to human rights education. Toward a Framework for Analyzing Human Rights Culture The notion of human rights refers to two fundamental precepts. The first of these precepts is the principle, or the notion that each human being should be treated with dignity solely because he or she is human and not because he or she belongs to a certain group or has achieved a certain stature. (7) Full acceptance of the principle compels the embrace of the equality principle. This is the idea that all people have dignity. One cannot claim to believe in the idea of human rights and also believe that these rights apply to only some individuals, or that only some states have a responsibility to respect human rights. …

The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term "European Human Rights Culture", a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts' legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary's perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.

This paper focuses on investigating the relationship between democracy and the respect for human rights, to underpin the culture of human rights, and to establish democratic societies that enable individuals and groups to treat their conflicts by the use of peaceful methods. Therefore, the focus of this paper is to produce suggestions and solutions for enhancing and consolidating democracy, to be more integrated into the three main pillars of the United Nations (Peace and Security, Human Rights, and development), and to consider democracy as a fundamental right. Our research is based on a historical and empirical study which proved that a significant relationship exists between Human rights violation and conflicts.

To show the impact of interviews for European legal studies, this article summarizes the earlier findings of two books, the first by Arold on the legal culture of the European Court of Human Rights (ECtHR), and the second by Arold Lorenz, Groussot and Petursson on the legal culture of the European Court of Justice (CJEU) and European human rights culture. In doing so, this article draws a portrait of the legal cultures of the two European courts and explains how (and to what extent) differences between European legal cultures brought to the benches of the two courts by their judges (plus for the CJEU: advocates general) impact cases concerning human rights. This article highlights parts of the methodology employed, i. e. a combination of interviews and case law analysis. The results show that there is no clash of a multitude of individual (legal) cultures at the courts; instead, both have established their own legal cultures that unite their members. Importantly, the legal cultures of the ECtHR and CJEU show some distinctive differences, which are relevant when assessing European human rights culture. Studying European human rights culture, in turn, is key for an assessment of the recent attempt to merge the two systems through the accession of the European Union to the European Convention on Human Rights (ECHR). Zitiervorschlag: Arold Lorenz, Nina-Louisa, A Summary: Portraying the Legal Culture and the European Human Rights Culture of the European Court of Human Rights and the European Court of Justice through Interviews, in: Rechtsgeschichte - Legal History Rg 29 (2021) 175-186, online: http://dx.doi.org/10.12946/rg29/175-186

Anti-epidemic measures introduced in Ukraine to prevent the spread of COVID-19 include significant (though often implicit) restrictions on the implementation of economic, social and cultural human rights, where the issues of reasonableness and legitimacy require particular attention, when the state of emergency in Ukraine is not announced. Dialectical, formal and legal, comparative and legal, system and structural, logical and semantic and other methods of scientific cognition have been used to solve the set tasks. Theoretical provisions and legal principles of introducing and realizing guarantees and restrictions of economic, social and cultural human rights (rights to health care, safe working conditions, business activity, equal access to public service, education, sufficient standard of living, social protection, etc.) have been analyzed. in terms of preventing the spread of COVID-19 in Ukraine. The nature and features of the established anti-epidemic measures have been characterized.
 It has been determined that the lawful introduction of a number of reasonable and proportional restrictions on the implementation of economic, social and cultural human rights within the framework of preventive and anti-epidemic measures to prevent the spread of COVID-19 in Ukraine is justified in general by the interests of effective protection against this infectious disease. It has been established that some of the significant restrictions on the implementation of these human rights in connection with the COVID-19 pandemic in Ukraine are unsystematic and have contradictory legal nature, are insufficiently justified and proportionate to anti-epidemic goals, demonstrate the features of discrimination, are insufficiently specified in content and implementation procedure, as well as are not provided with additional guarantees for the realization of these human rights.
 The author has grounded the ways for improving the guarantees and restrictions on the implementation of economic, social and cultural human rights in terms of preventing the spread of COVID-19 in Ukraine, which primarily require a comprehensive regulation of the relevant law and timely updating of their content and the implementation procedure, orientation of anti-epidemic measures not on restricting human rights, but on establishing special conditions of their realization with observance of the strengthened sanitary rules; ensuring the balance of the minimum necessary restrictions on human rights among themselves and with sufficient guarantees for their implementation.

This Thesaurus is the first published result of an ambitious project on which the American Association for the Advancement of Science (AAAS) and Human Rights and Documentation Systems, International (HURIDOCS) have been collaborating since 1996. The project's goal is to produce a series of tools and resources that will help organizations and individuals to monitor violations of economic, social, and cultural human (ESC) rights. To understand the context for the Thesaurus, one should be aware that other products in the works include a Handbook on Economic, Social, and Cultural Human Rights, written for an audience of national NGOs, and a series of manuals that will examine in greater depth five of the rights included in the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1 : work, food, housing, health, and education. There will also be a series of five commissioned papers that explains the nature of these same rights in more detail, identifies their "minimum core contents," and describes common violations. Finally, another set of five commissioned papers will examine the effects of globalization on the realization of ESC rights in five regions of the world. Some of these additional resources may be in print or available on the World Wide Web by the time this review appears.

Foreward Preface PART I: HUMAN RIGHTS AS THE BEDROCK OF SOCIAL JUSTICE Ch 1. Introduction Rationale for this Work Toward the Creation of a Human Rights Culture The Importance of Words Five Core Notions of Human Rights Social Justice as Struggle Some Initial Provisos for the Human Rights Defender Summary Ch 2. Before and Beyond the Universal Declaration of Human Rights Toward a History of the Idea of Human Rights Human Rights in Antiquity The Middle Ages The Renaissance Age of Enlightenment Age of Industrialization Select Input Prior to the Endorsement of the Universal Declaration Select Major International Human Rights Initiatives Select Core Principles of Some Major Human Rights Documents Other Human Rights Regimes Implementation Summary PART II: BUILDING FROM THE FOUNDATION Ch 3. An Advanced Generalist/Public Health Model and Whole Population Approach to Human Rights and Social Justice A Helping and Health Profession Model of Intervention Levels of Intervention The Struggle to Implement Levels of Intervention Education Toward the Creation of a Human Rights Culture Commemorating Major International Days Proclamations, Resolutions, Declarations, and Bills Providing NGO Input: Statement of IFSW The Arts, Human Rights, and Social Justice Other Select Direct Nonviolent Strategies Summary Ch 4. At-risk and Clinical Social Action and Service Strategies Toward the Creation of a Human Rights Culture The Helping and Health Professions as an At-risk Group Business and Human Rights Humanistic Administration Social Entrepreneurship Grant Writing Principles for the Protection of Persons with Mental Illness Toward a Socially Just Human Rights Based Approach to Clinical Intervention Human Rights Principles Which Have Implications for the Therapeutic Relationship Some Words on the Meta-Micro Summary Ch 5. A Human Rights/Social Justice Approach to Research-Action Projects for the Helping and Health Professions Human Rights Documents as a Way to Define the Problem Toward a Culture of Informed Consent Quantitative Research Qualitative Research Research as Leading to Social Action Summary Ch 6. Ground Rules Toward the Paradoxical Commandments Some Ground Rules for Social Action and Service Conclusion Glossary Media Resources Appendix I: The Universal Declaration of Human Rights Appendix II: Select Portions of Major Human Rights Documents Index About the Author Foreword

Modern globalization processes cause the transformation of the substantive aspect of human rights, which requires their scientific substantiation. The article is devoted to the theoretical and methodological analysis of cultural human rights, as well as the problems of their realization in the modern world under the influence of socio-economic, political and spiritual modifications. As a result of the study, the axiological importance of implementation of person’s cultural rights has been proved and the interrelation with other, no less important, human rights has been shown; factors of an objective and subjective nature that impede the protection and realization of cultural human rights are established. The comparative legal analysis of constitutional propositions, national laws and international legal acts in the sphere of recognition and realization of cultural rights made it possible to reveal the reform trends in their legal regulation in the democratic states of the world. Given the lack of a unified doctrinal paradigm of understanding cultural rights, the adoption of a universal strategic international legal act aimed at promoting the realization of cultural human rights in the modern world – the ‘International Action Plan for Developing an Effective Mechanism for the Implementation of Cultural Human Rights in the age of Globalization’ was proposed at the international level.

A human rights culture is driving more comprehensive and deeper human rights protection through the architecture of international law. National and international non-governmental organizations, advocacy groups and civil society have all contributed to the human rights culture behind this progressive human rights agenda. As early as 1907, with the establishment of the Central American Court of Justice, there have been permanent international courts with an individual complaints mechanism for violations of human rights. This chapter considers the professional profiles of judges, and particularly how judges with human rights expertise or inclinations sitting on courts with general jurisdiction has strengthened the human rights culture at these courts. International economic law has also been affected by the propagation of human rights. International courts and tribunals have used various tools to extend human rights protection. A human rights culture among international judges is cultivated and catalysed by the context in which these judges operate their backgrounds and ancillary professional activities.

In developing the Australian Capital Territory's Human Rights Act 2004, the Bill of Rights Consultative Committee argued that ‘its primary purpose should be to encourage the development of a human rights-respecting culture’. But what does a ‘human rights-respecting culture’ look like? Commonly, a ‘culture of human rights’ is defined as a pattern of assumptions, shared and taught, that human rights must be considered and respected. This overlooks the unstable, impermanent and changeable dimensions of culture, which is continually produced and reproduced through various practices. Through a focus on the consideration of human rights in the process of drafting and scrutinising legislation in the ACT, we argue that we need new ways of understanding how cultures of human rights evolve and are maintained, including the ways in which shared meanings, values and beliefs are constantly changing and can often be used to justify human rights infringements, particularly against marginalised populations.

This article analyses how to build a culture of human rights in the era of populism. The UK, and the York Human Rights City initiative, provide a case study. The article draws on a human rights practice methodology, activist practices and broader social processes and practices, both in York, to analyse the potential of the ‘local’, and in particular cities, to develop a human rights culture. It argues that such a culture needs to go beyond current responses to populism, notably a focus on values and framing (a variant of ‘if only people knew’), to draw on thicker components of culture (history and place, rather than law and institutions). Interviews with artists in York as a proxy for wider public engagement suggest an enduring disconnect with human rights but also that meaning-making, co-creation, not just better communication, is needed to build a culture of human rights.

The concept of a human rights culture has been crucial to the incorporation of the European Convention of Human Rights into UK law. In this paper media and activist representations of human rights for lesbian, gay, bisexual and transgender human rights are considered as indicative of an emerging human rights culture, especially around the Civil Partnerships Act 2004. A typology of representations of rights is developed and discussed. It is concluded that insofar as there is an emerging human rights culture, it is one that is concerned above all with creating and maintaining civic relationships rather than with the assertion of individual liberty, and as inviting political compromise rather than a principled stance on universal human rights.