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Full-Text Articles in Human Rights Law
Intellectual Property Rights And The Right To Participate In Cultural Life, Molly Land
Intellectual Property Rights And The Right To Participate In Cultural Life, Molly Land
Molly K. Land
Although many contend that human rights law is a justification for intellectual property rights, precisely the opposite is true. Human rights law is far more a limit on intellectual property rights than a rationale for such regimes. In a variety of ways, human rights law requires states to take specific, concrete steps to limit the effects of intellectual property rights in order to protect international human rights. This powerful and emancipatory dimension of human rights law has unfortunately been overshadowed by those who claim human rights as a basis for granting exclusive rights.
The U.N. Committee on Economic, Social, and …
Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin
Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin
Peter G. Danchin
Modern critiques of international human rights law force us to confront at least two conceptual puzzles in the area of the claims of culture and religion. The first concerns the two concepts, often run together, of the secular (or secularism) and freedom, and the question of how rights—e.g. the right to freedom of conscience and religion—mediate between these purportedly universal or objective positions and the imagined subjective claims of particular religious or cultural norms. The second concerns the question of what we mean by “human equality” and how this idea relates to deeply-situated issues of collective identity and culture. Such …