Sentences with phrase «cultural rights required»

This tradition stressed civil and political rights and generally neglected the social and economic and cultural rights required for these civil and political rights to be realized even in Europe.

Not exact matches

While they were right that containment of communism required a military sword and shield, what finally brought communism down was the power of the appeal of freedom, which greater diplomatic and cultural contact amplified.

But many American practices go against the grain of the more comfortable and communitarian cultural systems of their own societies - the Japanese with life - long employment for their workers, the Germans with their unions having a say in management under co-determination, and the French with their government supporting the right of unions to pressure business from retrenching, by requiring large compensation to be paid to laid - off workers.»

Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) requires states to:

While Lelio admits that the subject matter alone required substantial research and as many as 10 consultants throughout production («At the beginning it was a bit paralyzing... because we wanted to really get it right in terms of the cultural texture and all the cultural nuances»), in the end, it simply came down to the emotional truths of these star - crossed women onscreen.

That document captures many ideas that are foundational to life in a democracy: «adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession.»

This is required under Article 1 of the International Convention on Civil and Political Rights (ICCPR) and Article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

This right requires that Indigenous groups are able to maintain and protect the unique characteristics of their culture, thereby requiring adequate protection of Indigenous spiritual and cultural interests in land.

ii) Article 5 requires that, in accordance with the principle of effective participation, States guarantee the right of everyone to equality before the law, including in relation to political rights, the right to own property (individually or communally), the right to inherit and the right to equal participation in cultural activities.

New policies and laws relating to land use and development (including housing and associated infrastructure) require an examination of how new interests and imperatives will impact upon (positively or negatively) Indigenous land, cultural, human and native title rights and interests.

This requires a focus on gender equality; the rights of children and a focus on the best interests of the child; as well as providing recognition and protection for cultural diversity.

the right of Indigenous people to effective participation in decisions affecting them, their lands and territories: as required by ICCPR, Article 1 and the International Covenant on Economic Social and Cultural Rights (ICESCR), Article 1.

The Human Rights Committee, in relation to minority and Indigenous rights under ICCPR explained that countries joining ICCPR must take steps to protect those rights «With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples... The enjoyment of those rights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrRights Committee, in relation to minority and Indigenous rights under ICCPR explained that countries joining ICCPR must take steps to protect those rights «With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples... The enjoyment of those rights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrrights under ICCPR explained that countries joining ICCPR must take steps to protect those rights «With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples... The enjoyment of those rights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrrights «With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples... The enjoyment of those rights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrrights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of Indigenous peoples... The enjoyment of those rights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrrights may require positive legal measures of protection», General Comment 23 The rights of minorities (8 April 1994) paragrrights of minorities (8 April 1994) paragraph 7.

Substantively, the right of free, prior and informed consent is grounded in and is a function of indigenous peoples» inherent and prior rights to freely determine their political status, freely pursue their economic, social and cultural development and freely dispose of their natural wealth and resources - a complex (series) of inextricably related and interdependent rights encapsulated in the right to self - determination, to their lands, territories and resources, where applicable, from their treaty - based relationships, and their legitimate authority to require that third parties enter into an equal and respectful relationships with them based on the principle of informed consent.

Right of Indigenous people to effective participation in decisions affecting them, their lands and territories as required by: article 5 (c) of ICERD, article 1 of the ICCPR, and article 1 of the International Covenant on Economic Social and Cultural Rights (ICESCR).

In the cultural context in which proof of these very difficult elements are required, the amendments to s82 of the NTA can be seen as a further denial of the rights of Indigenous people to cultural equality.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) requires that:

General Recommendation XXIII provides guidelines to a non-discriminatory approach to development, including the provision by State parties of conditions «allowing for sustainable economic and social development compatible with their cultural characteristics» (18) and requiring restitution for the deprivation of Indigenous land providing for «the right to just, fair and prompt compensation [which] should as far as possible take the form of lands and territories».

But governments are required to ensure that certain human rights, such as cultural rights, are not exercised in a manner that violates other fundamental rights, like:

Article 1 of ICESCR requires States to protect the rights of Indigenous people to pursue their economic, social and cultural development.

Under the principles of equality, Australia is required to ensure that people have the ability to enjoy the right to equal participation in cultural activities without discrimination.

Contrary to human rights standards which proscribe discrimination and require protection of rights of indigenous peoples to practise and revitalise their cultural traditions [62], the majority's approach apparently dictates a historical search for an actual chain of evolution, under a range of destructive outside influences, to establish a link with «tradition» which may be of little significance to a community, whilst ignoring genuine assertions, or interpretations, of traditional laws and customs by the community itself.

Principles relating to self - determination, non-discrimination, equality before the law and minority group cultural rights have been interpreted as requiring governments to work with Indigenous peoples in a fair and open manner.

Further, agreements often deliver little in terms of cultural heritage protection or environmental management beyond what is already available under general legislation, and often require traditional owners to surrender their native title rights and interests.

To the extent that the right to negotiate protects Indigenous cultural norms regarding access to their traditional lands, it reflects the substantive equality standard required at international law.

In its General Comment on article 27 of the ICCPR, the Human Rights Committee stated «With regard to the exercise of the cultural rights protected under article 27... The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them», General Comment 23 The rights of minorities, 8 April 1994, pRights Committee stated «With regard to the exercise of the cultural rights protected under article 27... The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them», General Comment 23 The rights of minorities, 8 April 1994, prights protected under article 27... The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them», General Comment 23 The rights of minorities, 8 April 1994, prights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them», General Comment 23 The rights of minorities, 8 April 1994, prights of minorities, 8 April 1994, para 7.

In particular, General Comment 23 states, at paragraph 7: «The enjoyment of [cultural] rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them».

Increasingly, domestic jurisprudence is accepting the international law standard that requires more than formal equality and recognises the distinctive cultural rights arising from the unique and enduring relationship Indigenous people have with both land and sea.