This article explores how two main narratives about slavery may lead to varying perspectives on s... more This article explores how two main narratives about slavery may lead to varying perspectives on social rights. Some collective narratives endorse a superficial idea of equality of rights, neglecting factors such as race and ethnicity, while others reject this apparent universalistic view, promoting more effective, de facto equality. The latter narrative supports horizontal redistribution, strongly contrasting with the former. Using Brazil's affirmative action programs for Black students as a case study, this article will address two prevalent national narratives about the slavery of Black Africans and persons of Black African descent. Only one of those narratives could lead to what I would identify as a "contextualized theory of rights," ensuring horizontal equality amidst a backdrop of brutal slavery and structural racism. This narrative offers a plurally faceted, dialogical approach to rights that can respond to the needs of differently situated individuals. The article will explore the evolution of such a collective narrative in Brazil's race relations.
Social Inclusion 2024 • Volume 12 • Article 7597 (This article is part of the issue “Who Wants To Share? Attitudes Towards Horizontal Redistribution Across the Globe” edited by Frances Stewart (University of Oxford), Arnim Langer (KU Leuven), and Line Kuppens (University of Amsterdam), fully open..., 2024
This article explores how two main narratives about slavery may lead to varying perspectives on s... more This article explores how two main narratives about slavery may lead to varying perspectives on social rights. Some collective narratives endorse a superficial idea of equality of rights, neglecting factors such as race and ethnicity, while others reject this apparent universalistic view, promoting more effective, de facto equality. The latter narrative supports horizontal redistribution, strongly contrasting with the former. Using Brazil's affirmative action programs for Black students as a case study, this article will address two prevalent national narratives about the slavery of Black Africans and persons of Black African descent. Only one of those narratives could lead to what I would identify as a "contextualized theory of rights," ensuring horizontal equality amidst a backdrop of brutal slavery and structural racism. This narrative offers a plurally faceted, dialogical approach to rights that can respond to the needs of differently situated individuals. The article will explore the evolution of such a collective narrative in Brazil's race relations.
... 47 Flávia Piovesan A Panicipação das Minorias nos Processos de Tomada de Decisões 77 Jochen A... more ... 47 Flávia Piovesan A Panicipação das Minorias nos Processos de Tomada de Decisões 77 Jochen Abr. ... _..... 855 Emilio García Méndez A Tutela Constitucional da Criança e do Adolescente: Projeçães Civis e Es-tatutárias 865 Gustavo Tepeclino ...
A REFORMA AGRARIA foi conceituada pela Lei 4504/64, o Estatuto da Terra, como o conjunto de medid... more A REFORMA AGRARIA foi conceituada pela Lei 4504/64, o Estatuto da Terra, como o conjunto de medidas que visam a melhor promover a distribuicao da terra, mediante modificacoes no regime de sua posse e uso, a fim de atender a justica social e ao aumento de produtividade...
To identify a contemporary authoritarian regime, we can start by asking what Hungary and Brazil h... more To identify a contemporary authoritarian regime, we can start by asking what Hungary and Brazil have in common
Para identificar un régimen autoritario contemporáneo, podemos empezar por preguntarnos qué tiene... more Para identificar un régimen autoritario contemporáneo, podemos empezar por preguntarnos qué tienen en común Hungría y Brasil
Para identificar um regime autoritário contemporâneo, podemos começar perguntando o que a Hungria... more Para identificar um regime autoritário contemporâneo, podemos começar perguntando o que a Hungria e o Brasil têm em comum
in Transnational Advocacy Networks: Reflecting on 15 years of Evolving Theory and Practice, Colombia: Dejusticia (Peter Evans and Cesar Rodriguez-Garavito eds.), available at: https://cdn.dejusticia.org/wp-content/uploads/2018/11/Transnational-Advocacy-Networks-1.pdf, 2018
Who are we as individuals, as groups and as a
nation? The answer to this question is relevant
bec... more Who are we as individuals, as groups and as a nation? The answer to this question is relevant because approaches to pluralism will be more effective the better they adapt to the needs and aspirations of real individuals—not abstract individuals of a utopian liberal society, not simplified individuals defined by a single marker of race, gender, sexuality, disability or class, but complex and multifaceted individuals capable of constructing an idea of nation which is also complex and pluralistic.
In the case of Brazil, there were two predominant narratives about how to define the nation and its population in terms of race in the 20th century: the narrative of a racial democracy, and the narrative of a racialized and unequal society. Those who subscribe to the second narrative target the myth of a racial democracy and seek to overcome it.
This paper presents these two narratives and then analyzes the race-based affirmative action programs promoted by the supporters of the second narrative and describes how they have fostered a shift in the conversation about race in Brazil. The terms of this new conversation have partially shattered the myth of racial democracy, allowing for the formation of an idea of a nation that is more open to pluralism.
Why the failure to enforce social, cultural, and economic rights means that the lives of some gro... more Why the failure to enforce social, cultural, and economic rights means that the lives of some groups are valued more than others.
This article explores how two main narratives about slavery may lead to varying perspectives on s... more This article explores how two main narratives about slavery may lead to varying perspectives on social rights. Some collective narratives endorse a superficial idea of equality of rights, neglecting factors such as race and ethnicity, while others reject this apparent universalistic view, promoting more effective, de facto equality. The latter narrative supports horizontal redistribution, strongly contrasting with the former. Using Brazil's affirmative action programs for Black students as a case study, this article will address two prevalent national narratives about the slavery of Black Africans and persons of Black African descent. Only one of those narratives could lead to what I would identify as a "contextualized theory of rights," ensuring horizontal equality amidst a backdrop of brutal slavery and structural racism. This narrative offers a plurally faceted, dialogical approach to rights that can respond to the needs of differently situated individuals. The article will explore the evolution of such a collective narrative in Brazil's race relations.
Social Inclusion 2024 • Volume 12 • Article 7597 (This article is part of the issue “Who Wants To Share? Attitudes Towards Horizontal Redistribution Across the Globe” edited by Frances Stewart (University of Oxford), Arnim Langer (KU Leuven), and Line Kuppens (University of Amsterdam), fully open..., 2024
This article explores how two main narratives about slavery may lead to varying perspectives on s... more This article explores how two main narratives about slavery may lead to varying perspectives on social rights. Some collective narratives endorse a superficial idea of equality of rights, neglecting factors such as race and ethnicity, while others reject this apparent universalistic view, promoting more effective, de facto equality. The latter narrative supports horizontal redistribution, strongly contrasting with the former. Using Brazil's affirmative action programs for Black students as a case study, this article will address two prevalent national narratives about the slavery of Black Africans and persons of Black African descent. Only one of those narratives could lead to what I would identify as a "contextualized theory of rights," ensuring horizontal equality amidst a backdrop of brutal slavery and structural racism. This narrative offers a plurally faceted, dialogical approach to rights that can respond to the needs of differently situated individuals. The article will explore the evolution of such a collective narrative in Brazil's race relations.
... 47 Flávia Piovesan A Panicipação das Minorias nos Processos de Tomada de Decisões 77 Jochen A... more ... 47 Flávia Piovesan A Panicipação das Minorias nos Processos de Tomada de Decisões 77 Jochen Abr. ... _..... 855 Emilio García Méndez A Tutela Constitucional da Criança e do Adolescente: Projeçães Civis e Es-tatutárias 865 Gustavo Tepeclino ...
A REFORMA AGRARIA foi conceituada pela Lei 4504/64, o Estatuto da Terra, como o conjunto de medid... more A REFORMA AGRARIA foi conceituada pela Lei 4504/64, o Estatuto da Terra, como o conjunto de medidas que visam a melhor promover a distribuicao da terra, mediante modificacoes no regime de sua posse e uso, a fim de atender a justica social e ao aumento de produtividade...
To identify a contemporary authoritarian regime, we can start by asking what Hungary and Brazil h... more To identify a contemporary authoritarian regime, we can start by asking what Hungary and Brazil have in common
Para identificar un régimen autoritario contemporáneo, podemos empezar por preguntarnos qué tiene... more Para identificar un régimen autoritario contemporáneo, podemos empezar por preguntarnos qué tienen en común Hungría y Brasil
Para identificar um regime autoritário contemporâneo, podemos começar perguntando o que a Hungria... more Para identificar um regime autoritário contemporâneo, podemos começar perguntando o que a Hungria e o Brasil têm em comum
in Transnational Advocacy Networks: Reflecting on 15 years of Evolving Theory and Practice, Colombia: Dejusticia (Peter Evans and Cesar Rodriguez-Garavito eds.), available at: https://cdn.dejusticia.org/wp-content/uploads/2018/11/Transnational-Advocacy-Networks-1.pdf, 2018
Who are we as individuals, as groups and as a
nation? The answer to this question is relevant
bec... more Who are we as individuals, as groups and as a nation? The answer to this question is relevant because approaches to pluralism will be more effective the better they adapt to the needs and aspirations of real individuals—not abstract individuals of a utopian liberal society, not simplified individuals defined by a single marker of race, gender, sexuality, disability or class, but complex and multifaceted individuals capable of constructing an idea of nation which is also complex and pluralistic.
In the case of Brazil, there were two predominant narratives about how to define the nation and its population in terms of race in the 20th century: the narrative of a racial democracy, and the narrative of a racialized and unequal society. Those who subscribe to the second narrative target the myth of a racial democracy and seek to overcome it.
This paper presents these two narratives and then analyzes the race-based affirmative action programs promoted by the supporters of the second narrative and describes how they have fostered a shift in the conversation about race in Brazil. The terms of this new conversation have partially shattered the myth of racial democracy, allowing for the formation of an idea of a nation that is more open to pluralism.
Why the failure to enforce social, cultural, and economic rights means that the lives of some gro... more Why the failure to enforce social, cultural, and economic rights means that the lives of some groups are valued more than others.
There are many ways to construe and interpret rights. In this article, I give a glimpse of my pos... more There are many ways to construe and interpret rights. In this article, I give a glimpse of my position, defended more fully elsewhere.3 On the one hand, I follow the usual position of grounding rights on the principle of human dignity. On the other hand, I defend the position that rights should be contextualised to the point that general rights, such as the right to education, can be deconstructed into specific rights, such as the right to affirmative action at universities. This deconstruction is required mainly because, embedded in the concept of rights, there is not only an idea of equal rights but also one of universal implementation. Rights when restricted to a guarantee by a legislative provision do not necessarily lead to equality. Rights are only truly equal when they are implemented for all. This universal implementation can only occur by taking into account the different vulnerabilities that each person faces as a result of discrimination. This is exactly what affirmative ...
This welcome volume provides a useful, and thoughtful, resource for human rights scholars, studen... more This welcome volume provides a useful, and thoughtful, resource for human rights scholars, students and practitioners of economic, social and cultural rights. Across 19 chapters, the authors set out the state of the law on economic and social rights at the international and regional levels, and in key national jurisdictions. At the same time, they canvass the major challenges and successes in this field. The editors and contributors are notable not only for their profile as scholars, but for their membership of significant human rights bodies, and their activism and practice in the field. The chapters draw on this wealth of experience, bringing a practically embedded and socially committed perspective to the analysis of the law. The title of the volume might cause consternation for many who work on economic, social and cultural rights. ‘Economic, Social and Cultural Rights as Human Rights’ opens an old wound for those who thought that the struggle to prove the status of these rights as human rights was behind us: that it was laid to rest with the coming into force of the Optional Protocol to the International Covenant on Economic Social and Cultural Rights (United Nations General Assembly 2008), which placed these rights on an equal footing with the rights in the International Covenant on Civil and Political Rights (1966) (de Albuquerque 2010; Langford et al. 2016, 1-16); and with the acceptance of their justiciability (see Gauri and Brinks 2008; Sunstein 2001). The contributors do not contest the status of economic, social and cultural rights as human rights. The editors are concerned to respond to dominant paradigms of human rights that have ‘largely excluded’ economic, social and cultural rights; critiques of rights that ignore the impact of economic, social and cultural rights; and the perception ‘in some quarters of the global north’ that these rights are ‘merely aspirational’ (xviii). Reclaiming economic, social and cultural rights into the dominant paradigm is, they argue, urgent. They write:
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Papers by Daniela Ikawa
Available at: https://www.openglobalrights.org/how-to-identify-a-contemporary-authoritarian-regime/
Disponible en: https://www.openglobalrights.org/how-to-identify-a-contemporary-authoritarian-regime/?lang=Spanish
https://www.openglobalrights.org/how-to-identify-a-contemporary-authoritarian-regime/?lang=Portuguese
nation? The answer to this question is relevant
because approaches to pluralism will be more
effective the better they adapt to the needs and
aspirations of real individuals—not abstract
individuals of a utopian liberal society, not
simplified individuals defined by a single marker
of race, gender, sexuality, disability or class, but
complex and multifaceted individuals capable of
constructing an idea of nation which is also complex
and pluralistic.
In the case of Brazil, there were two predominant
narratives about how to define the nation and its
population in terms of race in the 20th century: the
narrative of a racial democracy, and the narrative
of a racialized and unequal society. Those who
subscribe to the second narrative target the myth
of a racial democracy and seek to overcome it.
This paper presents these two narratives and then
analyzes the race-based affirmative action programs
promoted by the supporters of the second narrative
and describes how they have fostered a shift in the
conversation about race in Brazil. The terms of this
new conversation have partially shattered the myth
of racial democracy, allowing for the formation of an
idea of a nation that is more open to pluralism.
Available at: https://www.openglobalrights.org/how-to-identify-a-contemporary-authoritarian-regime/
Disponible en: https://www.openglobalrights.org/how-to-identify-a-contemporary-authoritarian-regime/?lang=Spanish
https://www.openglobalrights.org/how-to-identify-a-contemporary-authoritarian-regime/?lang=Portuguese
nation? The answer to this question is relevant
because approaches to pluralism will be more
effective the better they adapt to the needs and
aspirations of real individuals—not abstract
individuals of a utopian liberal society, not
simplified individuals defined by a single marker
of race, gender, sexuality, disability or class, but
complex and multifaceted individuals capable of
constructing an idea of nation which is also complex
and pluralistic.
In the case of Brazil, there were two predominant
narratives about how to define the nation and its
population in terms of race in the 20th century: the
narrative of a racial democracy, and the narrative
of a racialized and unequal society. Those who
subscribe to the second narrative target the myth
of a racial democracy and seek to overcome it.
This paper presents these two narratives and then
analyzes the race-based affirmative action programs
promoted by the supporters of the second narrative
and describes how they have fostered a shift in the
conversation about race in Brazil. The terms of this
new conversation have partially shattered the myth
of racial democracy, allowing for the formation of an
idea of a nation that is more open to pluralism.