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Dr Anna Śledzińska-Simon - Introduction to Human Rights, LLM 2019/20 Lecture 6 Human Rights and Cultures

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Dr Anna Śledzińska-Simon - Introduction to Human Rights, LLM 2019/20 Lecture 6

Human Rights and Cultures The aim of this lecture is to:

- Discuss the tension between universal human rights and culture - Explain the meaning of cultural identity, as well as the concept of

individual and collective cultural rights

- Explain the content of the right to take part in cultural life

- Discuss the current and future challenges to universal human rights posed by certain cultures and their claims for cultural exemptions from

universally binding laws.

Take 4 STEPS STEP 1

Read Chapter IV “Human Rights and Cultures” in “Human Rights and Their Limits” (pp.143-186) by Wiktor Osiatyński.

STEP 2

Read the following decisions:

1. Amish before the US Supreme Court Wisconsin v. Yoder, 406 U.S. 205 (1972)

https://supreme.justia.com/cases/federal/us/406/205/#tab-opinion-1949690

2. Roma before the ECtHR

Hudorovic and others v. Slovakia (2020)

https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-201646%22]}

3. Endrois before the African Commission of Human Rights

276 / 2003 – Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya (2010)

https://www.hrw.org/sites/default/files/related_material/2010_africa_commissio n_ruling_0.pdf

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STEP 3

Learn about the Lautsi ruling (ie. https://www.ejiltalk.org/a-comment-on-lautsi/) and the watch the argument presented by Professor Weiler on behalf of the intervening states before the Grand Chamber

https://www.youtube.com/watch?v=ioyIyxM-gnM

STEP 4

Prepare for the discussion on whether cultural communities should have the right to be exempted from ordinary laws.

Cytaty

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