In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 46, no. 1. © 2020 by Abby Minor 103 JUMP ROPE CHANT: A CURE FOR ALL KINDS OF STOMACH ACHES, ca. 2000 BCE–ca. 2000 CE Abby Minor Happy are those who stand in a field at night and hear the double rainbows land, or clap the gaps that RHYTHM makes, or shout to the beat of grasses; They are like trees planted by streams of water, which (...) yield their fruit in its season, & their leaps & their leaves & their feet do not wither, they leap up in the morning singing, in all that they do they chant, and jump, and are singing: “Blood root, hair pin, lupine, clover, watermints and cinnamon, a pencil, myrrh, poplar, juniper, copper water, whiskey, cotton root, snake root, savin, wire,  Clap your hands, all you peoples. —Psalm 47.1 104 Abby Minor wallflower, gunpowder, emeralds, myrtle, tonic of geranium, lace seeds, soap, bone stay, coltsfoot, catheters, quinine, a hoop bound with oil-silk, a hat pin, oak—” I chant a long time I chant from within a hollow place I chant all colors of cohosh Instantly as dawn clips green & white, I chant to dissolve separate parts I jump backwards and I chant So that you may bathe your feet in blood, it was in the Psalms, it’s what God does it might be a rain dance it will come to you like a beautiful cigar filled with fine leaves like the fine feet of a deer cleft in gold leaves Like rhythm a hair pin, rhythm a hat pin, rhythm a knitting hook, rhythm a nail RHYTHM makes my feet like the feet of a deer. I chant rosemary so assiduous I chant pennyroyal forever most poisonous I chant intransigence and double rainbows pop on the sidewalks of the cosmos, double Abby Minor 105 Dutch ropes spin like twin rivers, there I am planted like a tree by the water, like an outrider dropping fire into the ropes: I will kick up my heels seven times there will be a noise and the seed will fall out on the ground shouting, “Date palms, dancing, anise, trillium, turpentine, scissors, silphium, rum, cundums, pomegranate, pearlash, iron, foot baths, borax, birthwort, rue, wormwood, fern root, fig leaf, sneezing, a small ball of sheep’s wool, smart weed, brass, blackberries, goldbeaters, button hooks, hawthorn, womb veil, vinegar, saffron, glass—” If you try our hearts, RHYTHM, if you visit us by night; if I forget which is my left hand and which is your right— just let it be me; psalmist, you, a trace of blood. Me, muscle, 106 Abby Minor you, myrrh. Or you jumping, me rope. Me mirrorstep, you leave your dark prints on the light. Me ambush, you flood. Me bloodthirsty, you a smaller blood. You bloodthirsty, me myrrh. Me fortress, you a tent for the sun. Me splendor, you go on and on. Me hat pin, me flood. You poetry, me a clapping tree, or me poetry and you nothing at all. I say to RHYTHM, “You are my Rhythm, I have no song apart from you and I could never tell just where the sole leaves the sidewalk and turns into the smallest lit pause popped, suspended above shoe shadow; I could never say whether I’m the jumper picking up her knees or the turner planted so still save for her hands— and what pilots her hands, pilot, if not you, if not her hands? If not the offbeat, the bows of light we pattern, Rhythm which is both the rivet and what’s held: like rhythm a hair pin, rhythm a hat pin, rhythm a knitting hook, rhythm a nail Abby Minor 107 RHYTHM makes my feet like the feet of a deer. Now I chant the bitter melon fruit who lights up darkness and my feet do not grow weary writing RHYTHM on the sidewalk lighting incense in the bathtub filled with gin in which I lay chanting like the singers in front, like the musicians last, like the girls between them playing tambourines: Rhythm make a riot Rhythm eat a bee Rhythm use a chicken feather & make a joyful noise Praise Rhythm with mint & astringents with spearmints & syringes with pipes, pen handles, mercury... (shrink)

In pleas for the recognition of cultural minority rights, claims to educational authority often figure as concrete examples. The right to educational authority is said to be an exemplary minority right. This is striking, for of all minority rights this is one which is impossible to justify. Difficulties invovled in recent attempts to reconcile cultural minority rights with liberal democracy demonstrate that educational minority rights in particular cannot be justified without underestimating (...) civic and liberal risks and ignoring the complicated nature of the relationships between communities and ‘their’ children and between parents and ‘their’ children. (shrink)

o privacy regarding family matters, common law rule, and a general presumption that parents or guardians will act in the best interest of their incompetent child. However, over the years, the courts have gradually recognized that children younger than 18 years who show maturity and competence deserve a voice in determining their course of medical treatment. This article will explore the rights and interests of minors, parents, and the state in medical decision making and will address implications for nursing (...) administrators and leaders.... (shrink)

Minority rights law has been an important axis for the evolution of international law itself. While much has been written about minority rights regimes in Europe, there is very little information available with regards to Asian experiences. Countries in Asia, with their diverse populations, are struggling with constructing legal systems that will deliver on the promise of equal rights to all its citizens. This book evaluates these attempts in four Asian states: India, China, Malaysia and (...) Singapore by examining the theory and practice of minority rights law in these vastly different settings. (shrink)

In pleas for the recognition of cultural minority rights, claims to educational authority often figure as concrete examples. The right to educational authority is said to be an exemplary minority right. This is striking, for of all minority rights this is one which is impossible to justify. Difficulties invovled in recent attempts to reconcile cultural minority rights with liberal democracy demonstrate that educational minority rights in particular cannot be justified without underestimating (...) civic and liberal risks and ignoring the complicated nature of the relationships between communities and ‘their’ children and between parents and ‘their’ children. (shrink)

Ethno‐cultural minority rights have been regarded as a part of human rights since the last decade of the twentieth century. These rights are often formulated in predominantly culturalist terms. Citing the importance of culture in the lives of members, they are conceptualized as tools for protecting the distinct identity of minority cultures. This paper claims that this way of formulating minority rights is to portray minority communities as if they were not concerned (...) with the pathologies of modern democracies, such as the increasing marginalization of citizens from democratic life, far‐right populism, and the subordination of democracy into the functional requirements of economy. Accordingly, it argues for a theory of minority rights that formulates these rights as tools for protecting democracy against such pathologies. In doing so, it takes its point of departure from Jürgen Habermas’s communicative action theory and his understanding of democracy and public autonomy. (shrink)

Do minority groups have a right to the preservation of their language? I argue that the rights of groups are always reducible to the rights of individuals. In that case, the question whether minorities have a right to the preservation of their language is a question of whether individuals have a right to it. I argue that, in the only relevant sense of ‘right’, they do not. They may have an interest in the preservation of their language, (...) but, if so, that interest must be weighed against the costs of satisfying it, and, normally at least, we should expect that the costs will be quite out of proportion to the weight of the interests involved. (shrink)

The article discusses the rights of minorities in the system of the International Covenant on Civil and Political Rights. It establishes a conceptual distinction between universal rights, specific rights of minorities in general and specific rights of particular minorities. Universal rights correspond to all individuals (e,g,, “no one shall be subjected to torture”) or all groups of a certain class (e.g., “all families are entitled to protection”). Minority groups and their members are entitled (...) to these rights in the same way as any other individual or group. Specific rights of minorities in general are granted to minority groups (e.g., “minority groups have the right to speak their own language”) or their members (e.g., “persons belonging to a minority group have the right to speak the language of the group”). Finally, specific rights of particular minorities are granted to specific groups identified by their characteristics (e.g., “the linguistic minority X has the right to speak the X language”) or their members (e.g., “any member of the linguistic minority X has the right to speak the X language”). Treaties and international declarations often refer to universal rights and specific rights of minorities in general. However, these rights are usually recognised in broad terms, and their implementation may lead to the recognition of specific rights in favour of particular minorities or their members. Protection of minorities (in the broad sense of the expression) is based on two pillars: on the one hand, the protection against discrimination; on the other hand, the protection of minorities in the strict sense. The first pillar is an aspect of the general principle of nondiscrimination and requires respect for both formal and substantive equalities. The protection of minorities in the strict sense involves the preservation of their particular identity. The purpose of the equality in a formal sense is achieved through universal rights, to the extent that these are granted to minority groups and their members. On the contrary, to achieve equality in a substantive sense, it could be necessary to implement positive measures. The implementation of these measures will usually lead to the recognition of specific rights of minority groups or their members. Finally, the protection of the distinctive characteristics of the minorities will also be done through specific rights. Thus, on the one hand, there are rights, which are intended to protect the minority forms of life (i.e. to protect differences), and, on the other hand, those that are intended to allow minorities equal access to different uniform social goods (i.e. to protect equality). Whereas the former ones seek to protect and promote the particularities of the minority culture (e.g., the right to receive education in their own language), the latter ones are recognised to overcome the disadvantages that minority groups and their members face and are not intended to promote peculiarities, but rather to permit equal access to resources and social opportunities. Article 27 of the International Covenant on Civil and Political Rights enshrines specific rights of minorities intended to protect and promote their own forms of life. Although economic rights are not mentioned (the article refers to the rights “to enjoy their own culture, to profess and practise their own religion, [and] to use their own language”), they may stem from the explicitly recognised rights. The rights recognised by the Covenant are not collective, but individual rights (“in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right [...]”). The rights recognised in the Declaration of the United Nations General Assembly on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities are of the same nature. The principle of equality and non-discrimination is contained in Articles 2.1 and 26 of the Covenant. This principle forbids direct and indirect discrimination, be it de iure or de facto. As this is a universal right, minorities can also benefit from it. According to the Human Rights Committee, Article 27 imposes on States the adoption of positive measures that exceed an attitude of mere abstention. In the same way, positive measures may be necessary to make the principle of equality and non-discrimination effective. Although neither Article 27 nor Articles 2.1 and 26 refer to individuals belonging to a specific minority, the concrete implementation of these articles through positive measures may produce specific rights for persons belonging to particular minority groups. (shrink)

This paper address the challenges that have emerged in the attempt to codify and enforce international standards of minority rights. Without offering any magic solutions for overcoming all of these difficulties, my aim is to more clearly identify the challenges they raise and the pitfalls ahead of us if we ignore them. These include conceptual confusions, moral dilemmas, unintended consequences, legal inconsistencies and political manipulation. The paper concludes with some ideas about how international minority rights might (...) be institutionalized more successfully. (shrink)

This paper address the challenges that have emerged in the attempt to codify and enforce international standards of minority rights. Without offering any magic solutions for overcoming all of these difficulties, my aim is to more clearly identify the challenges they raise and the pitfalls ahead of us if we ignore them. These include conceptual confusions, moral dilemmas, unintended consequences, legal inconsistencies and political manipulation. The paper concludes with some ideas about how international minority rights might (...) be institutionalized more successfully. (shrink)

Inconsistency may well be the hallmark of the teenage years. Frequently, teenagers are serious and adult-like, yet just as often, they are callow and unpredictable. Generally, they are all of these things, in no particular order. They studiously observe the adults in their lives, adopting certain values and behaviors, while wholly rejecting others. Their moods shift without warning, leaving entire households with the sensation that they are living on a roller-coaster. As a result, it is not entirely surprising that the (...) legal system has had difficulty deciding how to respond to them. The laws devised to govern teenagers are layered, reflecting society's alternating perceptions of teenagers as adult-like and child-like, and our accompanying impulses to respect as well as to protect this population. Read together, these laws defy any consistent description of adolescent capacity. We have lived with these inconsistencies for so long, though, that they have grown rather familiar to us, and that we hardly recognize the puzzle in the fact that we trust eighteen year olds enough to let them fight and die in the military, but not enough to let them drink alcoholic beverages. (shrink)

Inconsistency may well be the hallmark of the teenage years. Frequently, teenagers are serious and adult-like, yet just as often, they are callow and unpredictable. Generally, they are all of these things, in no particular order. They studiously observe the adults in their lives, adopting certain values and behaviors, while wholly rejecting others. Their moods shift without warning, leaving entire households with the sensation that they are living on a roller-coaster. As a result, it is not entirely surprising that the (...) legal system has had difficulty deciding how to respond to them. The laws devised to govern teenagers are layered, reflecting society's alternating perceptions of teenagers as adult-like and child-like, and our accompanying impulses to respect as well as to protect this population. Read together, these laws defy any consistent description of adolescent capacity. We have lived with these inconsistencies for so long, though, that they have grown rather familiar to us, and that we hardly recognize the puzzle in the fact that we trust eighteen year olds enough to let them fight and die in the military, but not enough to let them drink alcoholic beverages. (shrink)

Traditional liberalism's blindness to cultural concerns has often come under fire, while so‐called “liberal multiculturalism” has made it its business to take a good look at the place of culture within liberal law. According to them, cultural minorities should be recognized. In my opinion, however, their proposals, in fact, almost entirely preclude the possibility that cultural minorities would receive recognition within liberal society. In what follows, I explain my view of these matters and, above all, argue for a more vital (...) understanding of cultural minorities. This will entail presenting a comprehensive view of minority rights within liberal society. (shrink)

Korey addresses the increased social dislocation of minority groups that accompanied freedom in post-totalitarian Europe. He argues that glasnost and the revolutions of 1989 legitimized new brands of nationalism that included threads of anti-Semitism, racism, and xenophobia.

The article examines the case of springtime bird hunting in Åland from a moral point of view. In Åland springtime hunting has been a cultural practice for centuries but is now under investigation due to the EU Directive on the protection of birds. The main question of the article is whether restrictions on bird hunting have a sound basis. We approach this question by analysing three principles: The animal rights principle states that if hunting is not necessary for survival, (...) it cannot be morally justified. Therefore hunting merely to engage in a cultural custom is morally suspect. In the light of the species conservation principle the hunting is questionable due to the fact that it seems to have a diminishing effect on the species populations. The formal principle of justice makes up a more difficult question since the special position of the minorities in regard to the use of natural resources is generally recognised so that they have the right to maintain their cultural practices. We claim, however, that even though cultural practices have substantial value and can be the object of special rights, they should be coherent with other principles. The springtime bird hunt in Åland does not accord with the relevant moral principles and for this reason we conclude that the basis for its continuation is weak. (shrink)

The article examines the case of springtime bird hunting in Aland from a moral point of view. In Aland springtime hunting has been a cultural practice for centuries but is now under investigation due to the EU Directive on the protection of birds. The main question of the article is whether restrictions on bird hunting have a sound basis. We approach this question by analysing three principles: The animal rights principle states that if hunting is not necessary for survival, (...) it cannot be morally justified. Therefore hunting merely to engage in a cultural custom is morally suspect. In the light of the species conservation principle the hunting is questionable due to the fact that it seems to have a diminishing effect on the species populations. The formal principle of justice makes up a more difficult question since the special position of the minorities in regard to the use of natural resources is generally recognised so that they have the right to maintain their cultural practices. We claim, however, that even though cultural practices have substantial value and can be the object of special rights, they should be coherent with other principles. The springtime bird hunt in Aland does not accord with the relevant moral principles and for this reason we conclude that the basis for its continuation is weak. (shrink)

The ‘born this way’ movement for sexual orientation minority rights is premised on the view that sexual orientation is something that can neither be chosen nor changed. Indeed, current sexual orientation change efforts appear to be both harmful and ineffective. But what if ‘high-tech conversion therapies’ are invented in the future that are effective at changing sexual orientation? The conceptual basis for the movement would collapse. In this chapter, we argue that the threat of HCT should be taken (...) seriously, motivating a change in tactics for proponents of sexual orientation minority rights. We also discuss some of the practical-ethical and public-policy issues surrounding HCT, in case the technology is one day developed. (shrink)

The aim of this article is to present a renewed reading of ethical-normative debates on recognition of cultural differences, by interrogating the initiatives that have constituted the international minority rights framework. The article is divided into three sections: 1. The first section approaches an introductory definition of minority rights. 2. The second section presents the philosophical reading of Charles Taylor on minority rights, within the ethical framework of his communitarian conception of freedom and individual (...) development. 3. The third section presents the philosophical reading of Bhabha on minority rights, within the ethical framework of his humanistic critique to the political construction of cultural differences. (shrink)

This article analyzed Otto’s Bauer idea of the nation and assessed its meaning and significance qua liberal nationalism and the expansion of national minority rights in Europe. It argued that Bauer's formulation of the same rights for all minorities exposed certain limitations of multicultural theory, namely the failure of liberal multicultural theorists to adequately address the consequences of special minority rights and the potentially transformative role of labor in liberal societies that necessarily seek to be (...) inclusive.Further, Bauer's idea of cultural autonomy raised important and relevant implications for advancing national minority rights in Europe. In particular, his initiative exposed possible ways to promote the social of cultural rights of EU Charter on Fundamental Rights. Given this and the EU's commitment to labor rights, it is curious that Bauer’s theory has not received the attention it deserves. Indeed, even if Bauer's ideas prove somewhat non-conventional by liberal standards, it is still important that we see his ideas as serving some elemental purpose in linking the advancement of national values and sentiment with the EU goal of integration. (shrink)

In his book, The Logic of Democracy, T.L. Thor son has published a chapter entitled "Majority Rule and Minority Rights". In this paper he has pointed out a controversy which has arisen between "natural rights democrats" and "majority rule democrats." In this paper I argue that elected representatives represent the majority and their rule can be called the rule of the majority so long they can protect the rights of individuals. This is why the natural (...) class='Hi'>rights of man are more fundamental and essential than majority rule. In conclusion, I insist that neither "natural rights" nor "majority rule" can be called the elements of democracy. If the former and the latter could have been understood as the end of democracy and the means to achieve the end, respectively, then the controversy would not have arisen. (shrink)

In his book, The Logic of Democracy, T.L. Thor son has published a chapter entitled "Majority Rule and Minority Rights". In this paper he has pointed out a controversy which has arisen between "natural rights democrats" and "majority rule democrats." In this paper I argue that elected representatives represent the majority and their rule can be called the rule of the majority so long they can protect the rights of individuals. This is why the natural (...) class='Hi'>rights of man are more fundamental and essential than majority rule. In conclusion, I insist that neither "natural rights" nor "majority rule" can be called the elements of democracy. If the former and the latter could have been understood as the end of democracy and the means to achieve the end, respectively, then the controversy would not have arisen. (shrink)

Three distinctive dynamics may be identified in the post-war developmentsof territorial and minority rights polities in Italy. The first focuses on recession attempts in peripheral areas in the aftermath of the world war, and on their interplay with the regional reform. The second peaks in the late '60s-early '70s, and relates territorial minorities' demands for recognition to broader protest movements and 'internal colonialism 'perspectives. The third consists of the recent success of regional Leagues in the North, and largely (...) reverses previous approaches to territorial issues. Autonomy is still emphasized here, yet disconnected from, and often in explicit opposition to, social equality ideas. 'Minority rights' are largely replaced with a peculiar version of territorial populist politics. (shrink)

Will Kymlicka ha sido considerado como compatibilizador de liberales y comunitaristas en cuanto a los derechos de las minorías. Su distinción entre derechos de grupo como protecciones externas y como restricciones internas buscó dar cuenta de las reivindicaciones minoritarias sin vulnerar el principio liberal de autonomía. En este artículo se buscan dos objetivos: primero, adoptar una perspectiva crítica, al afirmar que tal distinción soslaya el eje central de la discusión, esto es, la problemática de la titularidad del derecho, y, segundo, (...) proponer una nueva clasificación de los derechos aplicables a las minorías que sea capaz de servir de modelo para futuros diseños institucionales. Will Kymlicka has attempted to harmonize the positions of liberals and communitarians with respect to minority rights. His distinction between group rights as external protections and internal restrictions sought to account for minority vindications without violating the liberal principle of autonomy. The objective of this article is twofold: first, to adopt a critical perspective by arguing that said distinction avoids the core of the discussion, that is, the issue of ownership of rights, and, second, to proposed a new classification of rights applicable to minorities that can serve as a model for future institutional designs. Will Kymlicka tem sido considerado como compatibilizador de liberais e comunitaristas quanto aos direitos das minorias. Sua distinção entre direitos de grupo como proteções externas e como restrições internas pretendeu dar conta das reivindicações minoritárias sem vulnerar o princípio liberal de autonomia. Este artigo apresenta dois objetivos: primeiro, adotar uma perspectiva crítica ao afirmar que essa distinção elude o eixo central da discussão, isto é, a problemática da titularidade do direito; segundo, propor uma nova classificação dos direitos aplicáveis à s minorias que seja capaz de servir de modelo para futuros desenhos institucionais. (shrink)

Alan Patten’s Equal Recognition offers a new and powerful argument to support the ‘strong cultural rights thesis’. Unlike other culturalist arguments, his argument is not based on a problematic and essentialist conception of culture but on a particular understanding of liberal neutrality as fair treatment and equal recognition. What justifies the existence of such rights is not culture itself but what culture means for people and the negative consequences it can have for them when they form a cultural (...) minority. Patten’s argument, however, faces another challenge: I argue that culture and neutrality cannot be fully reconciled, and that, ultimately, the concept of culture might not be playing any significant role in his argument for minority rights. (shrink)

The cultural determination of politics drives the reflection on minority rights in a paradoxical direction, as it either reduces those rights to almost nothing, or allows for what can appear to be a politics of indifference, in the sense that what happens to individuals within minorities is not to be judged from a universalistic perspective, but in relation to a particular "culture". On the contrary, a politics of human rights, which at first sight seems to be (...) dismissive of culture and politics, might well appear at closer examination to be a fairer way of dealing with minority questions. The present paper shows that the reference to culture politics in the case of minority issues can be a useful way of getting rid of human rights, whereas a more stubborn, and less attractive, defence of human rights, even in the case of minority self-determination movements, does not necessarily gets rid of politics, replacing it by bureaucratic procedures or military interventions. (shrink)

The interview focuses on Kymlicka's major area of research, i.e., the issue of minority rights. Kymlicka explains why the rights of national minorities have been traditionally neglected in the Western political tradition. He argues that these rights promote individual freedom, and so should be seen as promoting liberal democratic principles. The interview covers many issues including the relationship between ethno‐cultural groups and other forms of “identity politics”; how to individuate cultural groups with legitimate claims to (...) class='Hi'>minority rights; whether something like a “cosmopolitan view” can seriously challenge the need for minority rights; what are the dangers of building transnational political institutions such as the EU for democratic citizenship; what are the bases of social unity in multination states and what are the limits of toleration of illiberal minorities. (shrink)

The main purpose of this paper is to argue that there are no minority moral rights. Rights claimed to be minority moral rights, such as land rights and hunting rights of indigenous peoples, and the political and language rights of some minority cultures, turn out to be either collective moral rights which are not also minority moral rights, or else to be merely (possibly morally justified) legal minority (...) rights which are not also minority moral rights. (shrink)

(2000). Human rightsThe pendulum theory of individual, communal and minority rights. Critical Review of International Social and Political Philosophy: Vol. 3, Human Rights and Global Diversity, pp. 77-90.

For them, citizenship is by definition a matter of treating people as individuals with equal rights under the law. This is what distinguishes democratic citizenship from feudal and other pre-modern views that determined people's political status by ...

This chapter links a conception of global justice, moral cosmopolitanism, with plurinational democracies. After giving a brief description of moral cosmopolitanism, I go on to analyse notions of cosmopolitanism and patriotism in Kant's work and the political significance that the notion of unsocial sociability and the Ideas of Pure Reason of Kant's first Critique have for cosmopolitanism. Finally, I analyse the relationship between cosmopolitanism and minority nations based on the preceding sections. I postulate the need for a moral and (...) institutional refinement of democracies and international society that is better able to accommodate national pluralism than has so far been achieved by traditional liberal constitutionalism and cosmopolitanism. (shrink)