POSC 130g 1st Edition Lecture 20 Current Lecture What rights do ethnic minorities and indigenous peoples possess What public policies should protect their rights Child Abuse Touching Krasniqi case 1994 Motive is part of the definition of the crime You have to intend to touch the child with a purpose of sexual gratification the motif is part of the definition for crime There must be a specific intent crime the motif must be with specific intent Child sexual abuse gets defined that way because adults could never touch children in the genital area and couldn t wash them change their diapers etc The motif is actually part of the definition of the crime this is unusual Krasniqi was touching his daughter affectionately as it was familiar to his culture He was arrested and his child was taken away The court thought the family was in danger from him Termination of legal rights for both parents was the response when the wife took the children to see the father which was against the court case The jury said that for the children s best interest terminating the parent children relationship was needed The father was found not guilty but the children were taken away The children were taken by their foster parents and converted to Christianity Civil Litigation Should culture influence the size of the damage of the award Example Grover Marks case Gypsy Roma community police did a search of the gypsy community and touched the women The gypsy women were defiled and because of that the gypsy community filed a lawsuit against the police department The argument was because the girls were touched they can never get married The police had a warrant to search the home but used the warrant half an hour before it was valid It was a technically but it wasn t a legal search Should the damages be forty million dollars it was a must smaller amount of money that was settled Gadae non gypsies some basis for thinking that the gypsies might have stolen something but how the police treated them was humiliating When non gypsies touched gypsy women they are defiled Concept of Marime or defilement People sue because of an unauthorized autopsy Some religions don t think the dead should be cut because you will appear in the afterlife how you are If the coroner or the medical examiner conducts an autopsy on someone who died someone can sue The idea is that certain religions have more damage on an unauthorized autopsy as opposed to just regular people Exemptions 1 Food safety a Peking style duck health people said it was a health threat when the Chinese restaurants were under attack the Congressman and lawyers got an exemption that the Peking duck can be kept at the certain temperature it was held at because it wasn t a health threat b Korean rice cakes if it is refrigerated Assemblywoman Karen Wu sponsored a law to create exemption for the rice cakes 2 Ritual slaughter statutory exemptions that allow religious leaders to kill animals with a sharp knife so that members of the congress members can eat the meet People have trouble with religious slaughter as it is cruel a Kosher glatt b Halal Arguments for and against taking culture into account What cultures get to make the claim General Legal principles Equal protection Right to a fair trial Religious liberty Freedom of association speech International Law Right to culture is a human right Article 27 International Covenant on Civil and Political Rights In those states in which ethnic religious or linguistic minorities exist persons belonging to such minorities shall not be denied the right in community with the other members of their group to enjoy their own culture to profess and practice their own religion or to use their own language Arguments Against Misrepresentation fraud Violation of other human rights women and children equality requires identical treatments Theoretical Issues Who can invoke cultural rights Indian Mascots Harjo trademark litigation over the Washington Redskins Trademark Trial and Appeal Board Trademarks that are disparaging or bring a group into contempt or disrepute can be cancelled Something that was disparaging or offensive to a cultural group could be cancelled Lalsis is it appropriate to allow teens to use images that are offensive or caricatures Should freedom of speech be allowed Should hate speech be limited The Supreme Court denied to hear the case but people speculated that the Supreme Court would have ruled against the Native Americans The Chief Chief Illiniwek dispute University of Illinois Is the Chief an invented tradition Honoring Native Americans Arguments for and against retaining the mascot The State of Illinois made a law to make the image a permanent mascot In reaction some of the competitions wouldn t play for the University of Illinois This was affecting their ability to compete The critique of the image is that is that a proper appropriation of the image The college says they love and appreciate the chief using the image to honor Native Americans Native Americans who are opposed of this argue this is a misappropriation of their culture and shouldn t be using images that are so offensive to native Americans Crazy Horse Tasunke Witko or Crazy Horse Can you use a prominent warrior to see a product Grandson Seth Big Crow challenged Gough and other malt liquor companies He brought lawsuit against them to try to get them not to use Crazy Horse to sell products There was an attempt by Congress in 1992 to disallow the use of Crazy Horse but the federal court overturned the statue on first amendment grounds The grandson filed the court in Sioux tribal court but federal courts said that federal courts had jurisdiction Boycott Federal court invalidated the statute barring use of Crazy Horse Plants and Biopiracy Attempts to steal knowledge about a plant from another group Da Vine man applied for a patent over this vine Amazonian vine Banisteriopsis caapi also known as ayahuasca Loren Miller s application for a patent CORCA coordinating body of the Amazon gave permission to this but the tribes rejected it and that they shouldn t have to recognize Miller s proprietary rights over this plant that had been used for hundreds of years Because of the challenge filed by the coalition the office said there was substantial questions about patent ability The US Patent and Trademark Office found that the specimen couldn t be distinguished and couldn t be subject to a patent They rejected the patent upon reconsideration in 2000 Was knowledge and