On Vernacular Rights Cultures

Tracks the critical conceptual vocabularies and the gendered subaltern politics of rights and human rights in South Asia.

An interdisciplinary collection, Gender and Culture at the Limit of Rights examines the potential and limitations of the "women's rights as human rights" framework as a strategy for seeking gender justice. Drawing on detailed case studies from the United States, Africa, Latin America, Asia, and elsewhere, contributors to the volume explore the specific social histories, political struggles, cultural assumptions, and gender ideologies that have produced certain rights or reframed long-standing debates in the language of rights. The essays address the gender-specific ways in which rights-based protocols have been analyzed, deployed, and legislated in the past and the present and the implications for women and men, adults and children in various social and geographical locations. Questions addressed include: What are the gendered assumptions and effects of the dominance of rights-based discourses for claims to social justice? What kinds of opportunities and limitations does such a "culture of rights" provide to seekers of justice, whether individuals or collectives, and how are these gendered? How and why do female bodies often become the site of contention in contexts pitting cultural against juridical perspectives? The contributors speak to central issues in current scholarly and policy debates about gender, culture, and human rights from comparative disciplinary, historical, and geographical perspectives. By taking "gender," rather than just "women," seriously as a category of analysis, the chapters suggest that the very sources of the power of human rights discourses, specifically "women's rights as human rights" discourses, to produce social change are also the sources of its limitations.

This volume brings together eighteen of Will Kymlicka's recent essays on nationalism, multiculturalism and citizenship. These essays expand on the well-known theory of minority rights first developed in his Multicultural Citizenship. In these new essays, Kymlicka applies his theory to several pressing controversies regarding ethnic relations today, responds to some of his critics, and situates the debate over minority rights within the larger context of issues of nationalism, democratic citizenship and globalization. The essays are divided into four sections. The first section summarizes 'the state of the debate' over minority rights, and explains how the debate has evolved over the past 15 years. The second section explores the requirements of ethnocultural justice in a liberal democracy. Kymlicka argues that the protection of individual human rights is insufficient to ensure justice between ethnocultural groups, and that minority rights must supplement human rights. In particular, Kymlicka explores why some form of power-sharing (such as federalism) is often required to ensure justice for national minorities; why indigenous peoples have distinctive rights relating to economic development and environmental protection; and why we need to define fairer terms of integration for immigrants. The third section focuses on nationalism. Kymlicka discusses some of the familiar misinterpretations and preconceptions which liberals have about nationalism, and defends the need to recognize that there are genuinely liberal forms of nationalism. He discusses the familiar (but misleading) contrast between 'cosmopolitanism' and 'nationalism', and discusses why liberals have gradually moved towards a position that combines elements of both. The final section explores how these increasing demands by ethnic and national groups for minority rights affect the practice of democratic citizenship. Kymlicka surveys recent theories of citizenship, and raises questions about how they are challenged by ethnocultural diversity. He emphasizes the importance of education as a site of conflict between demands for accommodating ethnocultural diversity and demands for promoting the common virtues and loyalties required by democratic citizenship. And, finally, he explores the extent to which 'globalization' requires us to think about citizenship in more global terms, or whether citizenship will remain tied to national institutions and political processes. Taken together, these essays make a major contribution to enriching our understanding of the theory and practice of ethnocultural relations in Western democracies.

The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural identity. This book presents a new conception of the rights and status of minority cultures. It argues that certain sorts of `collective rights' for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity, can be answered. However, Professor Kymlicka emphasises that no single formula can be applied to all groups and that the needs and aspirations of immigrants are very different from those of indigenous peoples and national minorities. The book discusses issues such as language rights, group representation, religious education, federalism, and secession - issues which are central to understanding multicultural politics, but which have been surprisingly neglected in contemporary liberal theory.

Indigenous women continue to be imagined as passive subjects at the margins of political decision-making, but they are in fact dynamic actors who shape state sovereignty and domestic and international politics. Manuela Lavinas Picq uses the case of Kichwa women successfully advocating for gender parity in the administration of Indigenous justice in Ecuador to show how Indigenous women can influence world politics.

Are human rights universal? The immediate response is "yes, of course." However, that simple affirmation assumes agreement about definitions of the "human" as well as what a human is entitled to under law, bringing us quickly to concepts such as freedom, property, and the inalienability of both. The assumption that we all mean the same things by these terms carries much political import, especially given that different communities (national, ethnic, religious, gendered) enact some of the most basic categories of human experience (self, home, freedom, sovereignty) differently. But whereas legal definitions often seek to eliminate ambiguity in order to define and protect the rights of humanity, ambiguity is in fact inherently human, especially in performances of heritage where the rights to sense, to imagine, and to claim cultural identities that resist circumscription are at play. Cultural Heritage in Transit examines the intangibilities of human rights in the realm of heritage production, focusing not only on the ephemeral culture of those who perform it but also on the ambiguities present in the idea of cultural property in general—who claims it? who may use it? who should not but does? In this volume, folklorists, ethnologists, and anthropologists analyze the practice and performance of culture in particular contexts—including Roma wedding music, Trinidadian wining, Moroccan verbal art, and Neopagan rituals—in order to draw apart the social, political, and aesthetic materialities of heritage production, including inequities and hierarchies that did not exist before. The authors collectively craft theoretical frameworks to make sense of the ways the rights of nations interact with the rights of individuals and communities when the public value of artistic creations is constituted through international law. Contributors: Valdimar Tr. Hafstein, Deborah Kapchan, Barbro Klein, Sabina Magliocco, Dorothy Noyes, Philip W. Scher, Carol Silverman.