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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

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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.

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Culture in the State Reporting Procedure of the UN Human Rights Treaty Bodies, Vincent Willem Vleugel

Idioma
Publicado en
2020
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(Tapa blanda),
Estado del libro
Dañado
Precio
64,87 €

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