Nordisk Tidsskrift for Menneskerettigheter Vol. 22 Nr. 4:2004:

English abstracts

Magdalena Zolkos: On Human Rights, Wittgenstein and Disciplinary Hegemonies: Methodological Reflections

This article discusses the problematic position of human rights within the political discipline, and in particular within political theory. It delineates the political “conceptual puzzlement” of human rights, which stems from their prescriptive, meta-political and legal dimensions. In this context, this article focuses on (i) the moral and normative territory that human rights share with the doctrine of the rights of man; (ii) the positioning of human rights beyond the boundaries of a democratic community; and (iii) the contemporary paradigm of the interdisciplinary human rights research that has been overtly dominated by the legal approach. Subsequently this article suggests that insights from the Wittgensteinian philosophy of language offer a possibility to “omit” or “dissolve” these problems through a re-articulation of the questions that politics can ask about human rights. It thus presents human rights as the Wittgensteinian “language games” and “family resemblances”, and the politics as a disciplinary “picture that holds us captive”.

Keywords: Political theory of human rights, normativeness, universality, interdisciplinarity, Wittgenstein.

Kim U. Kjær: EUs familiesammenføringsdirektiv og dansk ret

The EU directive on family reunification and Danish law: This article presents a comparative analysis of the EU directive on family reunification and relevant Danish legislation and administrative practice. The analysis aims to define those elements of Danish law that would need to be amended were Denmark to lift its reservation against participation in the supranational cooperation taking place within the framework of EU’s “first pillar”– including the area of aliens policy – at some point in the future. The analysis shows that several major changes would be necessary to harmonize Danish and EU law. As an introduction to the analysis, the Danish reservation and its general consequences are briefly outlined.

Keywords: Family reunification, EU harmonization, Danish alien law, the Danish reservation.

Ulf Johansson Dahre: Rädda en varg, skjut en same: Den historielösa jämnlikheten och föraktet för samer i Sverige

Save a Wolf – Shoot a Sami: Equality without History and the Hate Speech Against the Sami People in Sweden: During the last years there has been a considerable increase in hate speech against the Sami people in Sweden. This article explores the nature of this hate speech, why it has occurred and its structural basis. In order to overcome a relationship based on hate and disputes over the rights of the Sami people in Sweden, the article develops and suggests a conflict resolution model based on group rights.

Keywords: Sami politics, equality, hate speech, human rights, social emancipation, social control, group rights.

Henriette Sinding Aasen: The Sami People and the Right of Self-Determination: Developments in International and Norwegian Law

The Sami people are recognized as an indigenous people by the Norwegian state, and enjoy a special constitutional protection due to their historical connection to Norway. The article discusses the protection offered by international and national law of the right of self-determination of the Sami people, and challenges the traditional view of the Sami people as a minority without collective rights. Recent developments in international and national law give hope for a future recognition of the right of self-determination for indigenous peoples. The Norwegian government need to clarify their position concerning the further development of Sami rights. Recognition of Sami self-determination assumes a right of the Sami people to dispose over land and natural resources and freely pursue economic, social and cultural development.

Keywords: Sami people, indigenous people, self-determination, minority, collective rights, ICCPR Article 1, ICCPR Article 27, Article § 110a of the Norwegian Constitution, the UN Draft Declaration.