목차 일부
ChapterⅠ = 1
General Introduction
1. Background of a Right to Cultural Identity = 2
2. Supporters and Opponents of a Right to Cultural Identity = 5
3. The Central Question of the Research = 9 ...
목차 전체
ChapterⅠ = 1
General Introduction
1. Background of a Right to Cultural Identity = 2
2. Supporters and Opponents of a Right to Cultural Identity = 5
3. The Central Question of the Research = 9
4. The Meaning of the Concept of Cultural Identity = 12
5. Cultural Identity as a Human Right = 14
6. Plan of Research = 19
ChapterⅡ = 23
Culture and Clutual Identity in Social Sciences: A Survey
1. Introduction = 23
2. The Concept of Culture = 24
3. the Concept of Cultural Identity = 30
4. The Accommodation of Cultural Differences = 39
5. Concluding Remarks on the Social Science Framework of Cultural Identity = 45
ChapterⅢ = 49
Cultural Rights and Collentive Right in Political Sciences
1. Introduction = 49
2. A Liberal Theory for Collentive Rights to Protect Cultural Differences: Kymlicka and Others = 49
3. Concluding Remarks on a Liberal Theory on Collective Right to Protect Cultural Differences = 63
ChapterⅣ = 65
Cultural Rights and Collentive Right in a Human Rights Framework
1. Introduction = 65
2. Cultural Rights as the "Cinderella of the Human Rights Family" = 65
3. Collective (Human) Rights = 93
4. Concluding Remarks on Cultural Rights and Collective Rights = 103
ChapterⅤ = 107
UNESCO and a Right to Cultural Identity
1. Introduction = 107
2. The UNESCO Organisation and Its Involvement in Human Rights = 108
3. UNESCO Instruments = 111
4. UNESCO Conferences on Cultural Policy = 123
5. Culture and Developement Report "Our Creative Diversity" = 130
6. The Declaration on Cultural Diversity = 134
7. Concluding Remarks on UNESCO and a Right to Cultural Identity = 137
ChapterⅥ = 139
The Right to Participate in cultural Life
1. Introduction = 139
2. Article 27 of the Universal Declaration of Human Rights = 139
3. Article 15 of the International Covenant on Economic, Social and Cultural Rights = 144
4. The Right to Take Part in Cultural Life in Pelation to a Right to Cultural Identity = 159
ChapterⅦ = 163
Cultural Identity and Minorities
1. Introduction = 163
2. Minorities and the Univeral Declaration of Human Rights = 163
3. Article 27 of the International Covenant on Civil and Political Rights = 166
4. Case Law on Article 27 ICCPR = 176
5. The Right to Enjoy Culture in Relation to a Right to Cultural Identity = 188
6. The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities = 191
7. Concluding Remarks on the UN Declaration on Minorities = 201
ChapterⅧ = 203
Cultural Identity and Indigenous Peoples
1. Introduction = 203
2. General Observations on Indigenous Peoples = 204
3. ILO Convention 169 on Indigenous and Tribal Peoples = 208
4. UN Draft Declaration on the Rights on Indigenous Peoples = 215
5. Recent Developments and Concluding Remarks = 224
Chapter IX = 227
Cultural Identity and the Organisation of American States
1. Introduction = 227
2. Human right Instruments and Procedures in the Americas = 227
3. Cultural Rught in the American Instruments: the Protocol of San Salvador = 230
4. Cases Before the Inter-American Commission and the Inter-American Court on Human Rights = 231
5. The Draft American Declaration on the Rights of Indigenous Peoples = 241
6. Cultural Identity in the Inter-American Human Rights System = 244
ChapterⅩ = 247
Cultural Identity and the Council of Europe
1. Introduction = 247
2. Cultural Right in the European Convention on Human Right and Fundamental Freedoms and the European Social Charter = 248
3. The European Cultural Convention = 249
4. The European Charter for Regional or Minorty Languages = 249
5. The Vienna Declaration = 251
6. The Framework Convention for the Protection of National Minorities = 252
7. Proposal for an Additional Protocol to the ECHR in the Cultural Field = 262
8. Concluding Remarks on the Provisions in the Instruments of the Council of Europe = 268
9. Selected Case Law of the European Commission and European Court of Human Rights = 269
ChapterⅩI = 301
A Right to Cultural Identity and the Sami in Norway, Sweden and Finland
1. Introduction = 301
2. The Sami as an Indigenous People = 302
3. The Cultural Identity of the Sami = 304
4. Definition of Who is a Sami = 306
5. The History of Sami Rights: the Lapp Codicil = 307
6. National Sami Policies and Legislation in Norway, Sweden and Filand = 309
7. International Instruments = 316 8. Concluding Remarks = 324
ChapterⅩⅡ = 327
Conclusion: Towards a Right to Cultural Identity
1. Introduction = 327
2. What is the Value of Cultural Identity? = 327
3. In What From Could Cultural Identity be Recognised? = 328
4. How Has Cultural Identity been Included in Existing Human Rights Instruments? = 329
5. What Role Do Other Human Rights Provisions Play in the Protection of Cultural Identity? = 331
6. What are the Subject, Object and State Obligations of a Right to Cultural Identity? = 334
7. Should a Separate Human Right to Cultural Identity Be Developed? = 337
8. The Emergence of Cultural Identity as a Principle of Human Rights Law = 340
Nederlandse Samenvatting = 347
Bibliography = 361
Selected Documents of the United Nations, UNESCO, the Organisation of American States and the Council of Europe = 375
Table of Cases = 387
List of International Treaties and Declarations = 391
Index = 393 Curriculum Vitae = 401
School of Human Rights Research Series = 403
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