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Beyond Culture: Reimagining The Adjudication Of Indigenous Peoples' Rights In Internationa Law, Beatriz Garcia, Lucas Lixinski
Beyond Culture: Reimagining The Adjudication Of Indigenous Peoples' Rights In Internationa Law, Beatriz Garcia, Lucas Lixinski
Intercultural Human Rights Law Review
This article argues that the current model of Indigenous rights adjudication foregrounds essentialized notions of culture, backgrounding interests of Indigenous peoples (IPs) that are not necessarily related to culture. Culture imposes a burden that limits the possibilities of human rights for Indigenous peoples, which is at least in part attributable to the current model's lack of precision. We show that the jurisprudence on IP rights by international adjudicatory bodies focuses on culture without meaningful attempts to explain and define it, is imprecise on how culture affects the reading of the human right for which it serves as the basis, as …
Arresting The Nigerian Herders-Farmers Conflict: The Unconstitutionality Of The Ruga Policy, Jude Ezeanokwasa
Arresting The Nigerian Herders-Farmers Conflict: The Unconstitutionality Of The Ruga Policy, Jude Ezeanokwasa
Intercultural Human Rights Law Review
The Ruga policy which the Federal Government claims to be aimed at ending the herders-farmers conflict that has claimed thousands of lives and rendered thousands internally displaced is perceived in most segments of the Nigeria society as a policy that would exacerbate rather than end the conflict. It seeks to establish in the States of the Federation settlements for Fulani herders who are usually illegally armed with guns as against unarmed local farmers. Due to stiff opposition from mostly non-Fulani ethnic nationalities Government suspended the policy. Since the policy is only suspended and not jettisoned, it is possible that government …
Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini
Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini
Intercultural Human Rights Law Review
Since the XIXth Century, implied (unenumerated) rights have been widely recognized by the courts of several countries with the purpose of addressing the shortcomings existing in national constitutions with respect to the protection of the fundamental rights and freedoms of the human person. In the last decades, such a trend has been emulated by international human rights treaty bodies and regional courts, which use implied human rights to fill the gaps existing in human rights instruments. This practice increases the level of protection afforded to individuals and communities, achieving the goal of guaranteeing effectiveness of human rights.
Cultural, Morality, And The Law: The Treatment Of Homosexuals In Jamica, Donovan Mcfarlane
Cultural, Morality, And The Law: The Treatment Of Homosexuals In Jamica, Donovan Mcfarlane
Intercultural Human Rights Law Review
This paper presents the issue from the diverse contextualities including religion, natural law jurisprudence, culture and rule of law using the New Haven School of Jurisprudence methodology in dissecting the treatment of homosexuals in the island nation of Jamaica.