According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective parti...According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective participation guaranteed by Article 15 of the Framework Convention on the Protection of National Minorities(FCNM).The existing standards developed by the Advisory Committee on the Framework Convention are rather vague,and fail to regulate several issues important for effective participation.This is not determined by the wording of the Convention,but by the Committee’s choice to provide states with a very wide margin of appreciation.To fill in the gaps in the Committee’s jurisprudence,the article examines the case study of a recently adopted law on support for minority cultures in Slovakia.By using a qualitative-substantive approach,it specifies the content of cultural autonomy by defining its purpose,as well as the conditions under which it can be achieved.Applying the Committee’s general criteria to the specific problems raised by the Slovak law,the article establishes the core positive law requirements vis-à-vis the right to cultural autonomy.In closing,the article argues that the Committee should adopt detailed standards,similar to those proposed in the text,in order to enforce the right to effective participation in practice.Operationalizing effective participation leads in substance to the enforcement of the right to cultural autonomy,which is a developed form of the former.展开更多
The autonomy of research participants is crucial in research ethics without which it will be difficult to carry out research. Central to the concept of autonomy is the debate on whether the cultural norms of individua...The autonomy of research participants is crucial in research ethics without which it will be difficult to carry out research. Central to the concept of autonomy is the debate on whether the cultural norms of individuals (particularly women) should be given priority in settings where these norms require that researchers should go through male heads such as husbands and traditional leaders. This paper examines issues relating to the autonomy of women in research ethics. It highlights the far-reaching implications of autonomy for women participating in research using Islam as a religion and Africa as case studies. The paper takes a look at what obtains in Ghana and Nigeria as African countries with diverse religious sects highlighting at the same time the extent to which women are autonomous in some Islamic parts of India and Pakistan. The paper stresses that in spite of certain factors limiting the autonomy of women in Africa and Islam, there is need for a more robust account of autonomy. It takes a relational approach to autonomy concluding at the same time that the best way to do bioethics is to be culture-sensitive.展开更多
文摘According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective participation guaranteed by Article 15 of the Framework Convention on the Protection of National Minorities(FCNM).The existing standards developed by the Advisory Committee on the Framework Convention are rather vague,and fail to regulate several issues important for effective participation.This is not determined by the wording of the Convention,but by the Committee’s choice to provide states with a very wide margin of appreciation.To fill in the gaps in the Committee’s jurisprudence,the article examines the case study of a recently adopted law on support for minority cultures in Slovakia.By using a qualitative-substantive approach,it specifies the content of cultural autonomy by defining its purpose,as well as the conditions under which it can be achieved.Applying the Committee’s general criteria to the specific problems raised by the Slovak law,the article establishes the core positive law requirements vis-à-vis the right to cultural autonomy.In closing,the article argues that the Committee should adopt detailed standards,similar to those proposed in the text,in order to enforce the right to effective participation in practice.Operationalizing effective participation leads in substance to the enforcement of the right to cultural autonomy,which is a developed form of the former.
文摘The autonomy of research participants is crucial in research ethics without which it will be difficult to carry out research. Central to the concept of autonomy is the debate on whether the cultural norms of individuals (particularly women) should be given priority in settings where these norms require that researchers should go through male heads such as husbands and traditional leaders. This paper examines issues relating to the autonomy of women in research ethics. It highlights the far-reaching implications of autonomy for women participating in research using Islam as a religion and Africa as case studies. The paper takes a look at what obtains in Ghana and Nigeria as African countries with diverse religious sects highlighting at the same time the extent to which women are autonomous in some Islamic parts of India and Pakistan. The paper stresses that in spite of certain factors limiting the autonomy of women in Africa and Islam, there is need for a more robust account of autonomy. It takes a relational approach to autonomy concluding at the same time that the best way to do bioethics is to be culture-sensitive.
