Nordisk Tidsskrift for Menneskerettigheter Vol. 24 Nr. 1:2006:
English abstracts
Gro B. Ween: Sedvaner og sedvanerett: Oversettelsesproblemer i møte
mellom rettsvesen, samer og antropologi
Abstract: This article describes how the existence of a multi-layered
problem of translation affects indigenous peoples’ opportunities to secure
rights to land through the legal system. In the author’s perspective the
context of a court room implies a meeting between a legal world-view and a Sámi
perspective, and in interaction with anthropological representatives, as expert
witnesses. In this article, efforts are made to increase levels of understanding;
the purpose of customary law is explored in the history of the two academic
disciplines. Next, an anthropological view of why Sámi are discriminated
by the courts are brought out and compared to Sámi perspectives of their
own position. Finally, with the aim of creating a dialogue between the two disciplines,
the article brings to attention an anthropological debate regarding how anthropologists
should characterize customary law, in a manner suitable to the legal system.
Keywords: Customary Law, Indigenous Land Rights, Consultancy
research, courtrooms as
cultural meetings.
Gorana Ognjenovic: Which globalization? Whose rights?
Abstract: In an exploration of current understandings of globalisation
as a form of explanans for modernity, the article sets out to test the legitimacy
of neo-liberal conceptions of the modern ideal ‘equal opportunity for
all’ by confronting it with specific paragraphs of the Universal Declaration
of Human Rights. The author argues that the neo-liberal claim of a successful
universalising of equal opportunity is illegitimate due to its failure to comply
with the most basic rights listed in the Universal Declaration.
Keywords: Modernity, globalisation, Universal Declaration,
consumerism, global unfreedom, citizenship.
Sanna Hyttinen: A Second View from Elsewhere - The EU Debate on
the Justiciability of Fundamental Social Rights and the International Justiciability
Discourse
Abstract: Article II-112 (5) of the Treaty Establishing a Constitution
for Europe strengthens the rights and principles distinction included in the
EU Charter of Fundamental Rights. Article II-112 (5) differentiates directly
justiciable rights from principles that need additional action in order to become
“judicially cognisable”. Some commentators claim that principles
are meant to refer mainly to social rights. This article discusses two problematic
presumptions behind this understanding of the distinction: the understanding
of the legal nature of social rights and the concept of justiciability. In addition,
few possible consequences of the distinction are discussed.
Keywords: Justiciability, social rights, indivisibility, and
EU Charter of Fundamental Rights
Sabelo Gumedze: The Promotion of Development under the African Union
Abstract: This article discusses the promotion of development under
the African Union, which arguably offers a new opportunity for the development
of Africa. A link is made between development and human rights with particular
reference to socio-economic rights. The relevance of the African Charter on
Human and Peoples’ Rights and the Declaration on the Right to Development
in the promotion of development in Africa is considered in connection with the
argument that development is more than just a social phenomenon. Links are also
made between development, economic integration, good governance and democracy.
The article also discusses the New Partnership for Africa’s Development,
which is seen as a viable process for promoting development under the African
Union.
Keywords: African Union, New Partnership for Africa’s
Development, economic integration, development, human rights, democracy, good
governance, socio-economic rights