Tag Archives: cultural rights

The Right to be Cold: Global Warming and Human Rights (M. Wagner)

Author(s)

Martin Wagner

Keywords

Climate Change, Human Rights, Indigenous People, Inuit, The Right to Be Cold, Cultural Rights

Excerpt

The relationship between global warming and human rights is something that is beginning to be talked about now, but six or seven years ago no-one had made the connection.  I am going to explore the relationship through the context of some work I have done with the Inuit people of the Arctic regions of the world, and in particular a case that I have brought on their behalf. I want you to remember that this connection between global warming and human rights is not limited by any means to the people of the Arctic; there are potential human rights implications of global warming everywhere around the world.
{…]
So you have the Inuit culture that depends on the ice, snow and cold and you have the effects of global warming in the Arctic. It all raises the question: Is there a human right to be cold? Or to make it more global, is there a human right, for example, to be dry? Let me explain about why I think there is a connection between human rights and global warming. The first thing to remember is that international law and the international community recognise a special place for indigenous people in the community of nations and the special responsibility of nations. But in particular, international human rights recognises that there is a connection between indigenous people and the territory that they occupy and depend on for their livelihood and for their culture that is special and it needs to be
maintained and protected. That is relevant because many of the most vulnerable communities that are being affected first by global warming are indigenous communities.

Citation

(2007) in Human Rights 2007, The Year in Review, Smith and Contini (Eds) (Monash Castan Centre for Human Rights Law, 2008)

Paper

The Right to be Cold: Global Warming and Human Rights (Pre-Publication Conference Paper)

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Integrated Justice: Human Rights, Climate Change, and Poverty (S. L. Kass)

Author(s)

Stephen L. Kass

Keywords

human rights, climate change, poverty, justice, economic rights, civil rights, political rights, social rights, cultural rights

Abstract

The human rights community in the United States has remained largely silent on the human rights implications of climate change, the most far-reaching change in the Earth’s environment since the end of the last ice age 10,000 years ago. 1 Many U.S. human rights organizations have also ignored or treated as background the growing numbers of people living or dying in extreme poverty in the developing world. Yet climate change is certain to exacerbate the severe environmental and economic conditions already faced by billions of people. These conditions contribute to widespread violations of civil, political, economic, social, and cultural rights that are the central concern of human rights organizations.

This Article outlines a role that human rights organizations in the United States and elsewhere can play in linking environmentally irresponsible conduct by governments and corporations to the violation of basic human rights. In addition, this Article identifies rights-based remedies for those violations. The goal is neither to assert a new right to a clean (or cooler) environment nor to prescribe specific climate change policies to governments or others. However, climate change and related environmental decisions made by governmental and corporate authorities must now take into account both procedural and substantive human rights and the impact of those decisions on the world’s poor. For the same reason, organizations committed to overcoming poverty, defending the environment, and protecting human rights should revise their tendency to view challenges, in developing nations and elsewhere, through a single lens and should pursue, either together …

Citation

(2009) 18 Transnational Law and Contemporary Problems 115.

Paper

Integrated Justice: Human Rights, Climate Change, and Poverty

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Legal Perspectives on Traditional Knowledge…IP Protection (T. Cottier and M. Panizzon)

Author(s)

Thomas Cottier and Marion Panizzon

Keywords

Agriculture; Biotechnology; Developing countries; Intellectual property; International trade; Plants

Abstract

This paper explores the feasibility of devising a new form of intellectual property (IP) protection that would recognize the social value of traditional knowledge (TK) and promote its integration into domestic and international trade regimes while respecting and preserving local autonomy and cultural values. Interest in the protection of TK is rooted in the goal of promoting social, economic, and ecological development of rural areas. It responds to concerns about fairness and equity in international economic relations affecting the livelihood of the bulk of the world’s population. The topic is also of importance in the context of redefining the relationship between public goods, private rights , and the transfer of technology. Taken together, these concerns lead us to evaluate the policies and legal instruments that are best suited to achieving equity, validation, and sustainability while preserving open access to plant genetic materials for scientific research.

Citation

(2004) 7(2) Journal of International Economic Law 371-399

Paper

Legal Perspectives on Traditional Knowledge: the Case for Intellectual Property Protection

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The slaughter of animals and Islam (Z. Khayum)

Author

Zulfikar Khayum

Keywords

Animal welfare; Animals; Islamic law; Jurisprudence; Powers rights and duties

Abstract

Discusses the approach of Islam to the status and treatment of animals. Reviews the Islamic distinction between humanity and animals, the grounds for concluding that animals do not possess rights, and the scope of the direct and indirect obligations owed to animals. Examines the position concerning animal labour, vivisection, halal slaughter and ritual killing.

Citation

(2005) 12 UCL Jurisprudence Review 46

Paper

The slaughter of animals and Islam

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Traditional hunting: Cultural rights v animal welfare (D. Thiriet)

Author

Dominique Thiriet

Keywords

Australia , Indigenous hunting practices, animal protection legislation

Abstract

This article examines how the cruelty inherent in some Indigenous hunting practices is inconsistently treated under Australian animal protection legislation. The author considers the discrimination issues raised by such inconsistencies and the legitimacy of State intervention to resolve the conflicts between cultural rights of Indigenous communities and animal welfare standards. She discusses how community concerns can be addressed whilst preserving Indigenous peoples’ right to self-determination.

Citation

(2006) 31 Alternative Law Journal 57

Paper

Traditional hunting: Cultural rights v animal welfare

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