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Jodok Troy - One of the best experts on this subject based on the ideXlab platform.

  • the papal Human Rights discourse the difference pope francis makes
    Social Science Research Network, 2017
    Co-Authors: Jodok Troy
    Abstract:

    Religious actors and their political concepts are commonly assumed as conservative, static, and aligned with the private contemplative world. Popes, however, regularly stood out of this narrative. Analysing the papal Human Rights discourse, this article illustrates that religious ideas and configuration change in relation to macro-political developments. The article contextualizes the papal Human Rights discourse and contributes a hitherto neglected aspect to the debate on Human Rights and religion in the international realm. The research points out three key findings: (1) John Paul II dominates this discourse, which has gained traction since the end of the Second World War. (2) Although Francis takes an outsider role in the papal discourse, he does not differ in principle from the mainstream papal Human Rights discourse. (3) From the first evocation of Human Rights by a pope, there is a persistent trend stressing both individual and Collective Human Rights. The results offer fertile ground to anticipate future papal political conduct on the grounds of the trajectory of the Human Rights discourse.

Ulf Johansson Dahre - One of the best experts on this subject based on the ideXlab platform.

  • the politics of Human Rights indigenous peoples and the conflict on Collective Human Rights
    The International Journal of Human Rights, 2008
    Co-Authors: Ulf Johansson Dahre
    Abstract:

    Abstract Human Rights are not apart, above or outside social, cultural and political relations. The Human Rights discourse is creating and constituting social relations according to the visions on which the discourse is based. This argument has been illustrated by an empirical study of the political dispute regarding Collective cultural Rights of Native Hawai'ians. This political dispute shows that the Human Rights discourse, while implying a level political field, restates and takes conflicts to other arenas. It illustrates the many ways Human Rights and Collective cultural Rights are taken up in politics, and how they are viewed as utilities for social emancipation and political strategy. The article shows that recourse to the Human Rights discourse does not necessarily end political conflict. Human Rights become objects for political conflict. The question of Native Hawai'ian cultural Rights and sovereignty has been simmering since the US led the overthrow of the Hawai'ian monarchy in 1893 and the anne...

Carpenter, Kristen A. - One of the best experts on this subject based on the ideXlab platform.

  • Decolonizing Indigenous Migration
    Colorado Law Scholarly Commons, 2021
    Co-Authors: Riley, Angela R., Carpenter, Kristen A.
    Abstract:

    As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their Rights as Indigenous Peoples, for example the right to occupy land Collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard for their status or experience as indigenous peoples. In a recurring set of events, indigenous detainees have been presented translation and legal services in Spanish, when they actually speak only an indigenous language, in cases associated with the separation of children from their families and even the death of individuals unable to describe their health care situation to service providers.In this article, we argue that accounting for the experience of Indigenous Peoples is critical to advancing a Human Rights approach to migration, and addressing the legacies of conquest and colonization that undergird state policies on territorial sovereignty and border regulation. On the one hand, Indigenous Peoples like other migrants are often fleeing situations of economic, social, and political unrest in their countries. They seek personal and familial security, economic mobility, and political freedom. On the other hand, as “peoples” with political and cultural Rights to self-determination and territory, indigenous peoples experience discrimination and violence not only in their individual capacities, but also with respect to their survival as Collective entities. Moreover, Indigenous worldviews and relationships with traditional landscapes often predate, by hundreds or thousands of years, the contemporary boundaries of states. For example the Haudenosaunee people of North America recognize their homeland as “Turtle Island” a place not inherently defined by current borders between the U.S. and Canada. The Yaqui and Tohono O’dham peoples’ community and ceremonies stretch across the much contested Mexico-U.S. border, such that their lives and lands have become militarized zones. Family members, sacred sites, subsistence habitats, and migration patterns are similarly dispersed across current socio-political fault lines.Accordingly, the UN Declaration on the Rights of Indigenous Peoples recognizes that when indigenous peoples are “divided by international borders,” they “have the right to contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.” Other articles define the right to be from violence, to keep families intact, and to maintain an Indigenous identity without reference to national identity or citizenship status. But recognition and realization of these Rights raises difficult questions – for example, if Indigenous cultural identity is tied to land and territory, do Indigenous Peoples retain their Rights following relocation and displacement? As societies are more mobile, are concepts of individual identity and Collective self-determination also mobile, do they go with indigenous peoples when they cross borders whether internal or external to nation-states? Whose obligation is it to effectuate such Rights? Can the situation of Indigenous Peoples as migrants be meaningfully addressed through legal regimes of asylum and refugee law – or must they implicate international diplomacy and norms of state-indigenous relations. These are other questions are left largely untouched by federal law in the United States as well as the 2018 Global Compact on Migration. By focusing on the situation of Indigenous Peoples, this article pushes migration law, both in theory and practice, to consider more fully its colonial origins and impacts, and incorporate a broader concept of individual and Collective Human Rights going forward

Riccardo Pisillo Mazzeschi - One of the best experts on this subject based on the ideXlab platform.

  • Collective Human Rights and political objectives of the international community
    2021
    Co-Authors: Riccardo Pisillo Mazzeschi
    Abstract:

    The individualistic character of Human Rights is an original imprint of Human Rights theory, which is influenced by a strongly Western approach, and this character still remains dominant in the overall legal regime of the matter. However, over time, especially because of the impact of the concept of Human Rights in developing countries, this character has somewhat diminished and the idea of the importance of Collective Human Rights has grown; that is, the idea that the scope of Human Rights should be extended to certain communities, or groups of persons, such as peoples, minorities and indigenous peoples. This new conception is important, because it enriches the value and the universal reach of Human Rights; but it has so far achieved only partial success in the international community as a whole.

Riley, Angela R. - One of the best experts on this subject based on the ideXlab platform.

  • Decolonizing Indigenous Migration
    Colorado Law Scholarly Commons, 2021
    Co-Authors: Riley, Angela R., Carpenter, Kristen A.
    Abstract:

    As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their Rights as Indigenous Peoples, for example the right to occupy land Collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard for their status or experience as indigenous peoples. In a recurring set of events, indigenous detainees have been presented translation and legal services in Spanish, when they actually speak only an indigenous language, in cases associated with the separation of children from their families and even the death of individuals unable to describe their health care situation to service providers.In this article, we argue that accounting for the experience of Indigenous Peoples is critical to advancing a Human Rights approach to migration, and addressing the legacies of conquest and colonization that undergird state policies on territorial sovereignty and border regulation. On the one hand, Indigenous Peoples like other migrants are often fleeing situations of economic, social, and political unrest in their countries. They seek personal and familial security, economic mobility, and political freedom. On the other hand, as “peoples” with political and cultural Rights to self-determination and territory, indigenous peoples experience discrimination and violence not only in their individual capacities, but also with respect to their survival as Collective entities. Moreover, Indigenous worldviews and relationships with traditional landscapes often predate, by hundreds or thousands of years, the contemporary boundaries of states. For example the Haudenosaunee people of North America recognize their homeland as “Turtle Island” a place not inherently defined by current borders between the U.S. and Canada. The Yaqui and Tohono O’dham peoples’ community and ceremonies stretch across the much contested Mexico-U.S. border, such that their lives and lands have become militarized zones. Family members, sacred sites, subsistence habitats, and migration patterns are similarly dispersed across current socio-political fault lines.Accordingly, the UN Declaration on the Rights of Indigenous Peoples recognizes that when indigenous peoples are “divided by international borders,” they “have the right to contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.” Other articles define the right to be from violence, to keep families intact, and to maintain an Indigenous identity without reference to national identity or citizenship status. But recognition and realization of these Rights raises difficult questions – for example, if Indigenous cultural identity is tied to land and territory, do Indigenous Peoples retain their Rights following relocation and displacement? As societies are more mobile, are concepts of individual identity and Collective self-determination also mobile, do they go with indigenous peoples when they cross borders whether internal or external to nation-states? Whose obligation is it to effectuate such Rights? Can the situation of Indigenous Peoples as migrants be meaningfully addressed through legal regimes of asylum and refugee law – or must they implicate international diplomacy and norms of state-indigenous relations. These are other questions are left largely untouched by federal law in the United States as well as the 2018 Global Compact on Migration. By focusing on the situation of Indigenous Peoples, this article pushes migration law, both in theory and practice, to consider more fully its colonial origins and impacts, and incorporate a broader concept of individual and Collective Human Rights going forward