Caso 23-2017: Yoga Beer
Presentado por la Fiscal Maestra Yan Maitri-Shi
HONORABLE JURADO DEL COMITÉ INTERNACIONAL DE ETICA BUDISTA (CIEB)
y TRIBUNAL BUDISTA DE DERECHOS HUMANOS (TBDH)
Tras la Legitimación y Validación de las Pruebas, Evidencias y
Cargos por parte del Maestro Maitreya, Presidente y Juez Espiritual del
CIEB-TBDH, se aborda el caso frente al acusado, Yoga Beer. Esta investigación fue iniciada
por el Comité Internacional de Ética
Budista a partir de la denuncia realizada por la World Association of
Buddhism.
A continuación se enumeran los Cargos por los cuales el Comité Internacional de Ética Budista enjuicia
al movimiento Yoga Beer:
·
FRAUDE ESPIRITUAL
·
CRIMEN INTERNACIONAL CONTRA PATRIMONIO CULTURAL DE LA HUMANIDAD
Por lo tanto, se detallan una serie de EVIDENCIAS que
fundamentan los Cargos aludidos para que los miembros del Jurado decidan acerca
de la posible “Responsabilidad”, “Inocencia” o “Insania” del acusado. Dichas evidencias
han sido reunidas, ordenadas y confirmadas en su orden y contexto como Medios
Probatorios para efecto de conocer, establecer, dictaminar y determinar la
Responsabilidad del Acusado por la comisión de los Cargos anteriormente
mencionados.
El Procedimiento establecido en los Estatutos del COMITÉ
INTERNACIONAL DE ETICA BUDISTA & TRIBUNAL BUDISTA DE DERECHOS HUMANOS da la
ostentación a ambos Órganos de gozar de independencia y libertad de la
regulación y control estatal y nacional, además de poseer la legalidad y
actuación como Pueblo Budista para hacer valer sus costumbres, tradiciones,
prácticas, procedimientos, juicios y derechos, así como el actuar en pos del
desarrollo de la Espiritualidad y la Ética Budista, así como de la defensa de
los Derechos Humanos Internacionales. Este procedimiento tiene la
particularidad, singularidad y distinción de tener: “Jurisdicción Especial del
Derecho Tribal” y ”Jurisdicción Universal del Derecho Internacional”, teniendo
así el Carácter, la validez Jurídica, las Facultades Legales, la
infraestructura, la Capacidad y Formación necesaria para ser Actor,
Administrador y Ejecutor de Justicia en este rubro y ejercicio, juzgando al
Acusado por medio de un Juicio Ético que tiene como Propósito la Verdad, la
Reconciliación y el Aprendizaje.-
DETALLE DE LAS EVIDENCIAS
Evidencia 1: VIOLACIÓN DE PRECEPTOS ÉTICOS ESPIRITUALES
Ven. S. Dhammika (´Good question, good answer´): "The
Five Precepts are the basis of Buddhist morality. The first precept is to avoid
killing or harming living beings. The second is to avoid stealing, the third is
to avoid sexual misconduct, the fourth is to avoid lying and the fifth is to
avoid alcohol and other intoxicating drugs. (...) People don't drink for the
taste. When they drink alone it is in order to seek release from tension and
when they drink socially, it is usually to conform. Even a small amount of
alcohol distorts consciousness and disrupts self-awareness. Taken in large
quantities, its effect can be devastating."
Evidencia 2: FALSO YOGA
Bier Yoga (Emily and Jhula): “BeerYoga is the marriage of two great loves – beer
and yoga. Both are centuries-old therapies for body, mind and soul. The joy of
drinking beer and the mindfulness of yoga compliment each other, and make for
an energizing experience. BeerYoga is
fun but it’s no joke – we take the philosophies of yoga and pair it with the
pleasure of beer-drinking to reach your highest level of consciousness. Who is BeerYoga for? For beer
lovers who like yoga. For yogis who like beer. For everybody else who is
curious and over 16”[1]
Beth Cosi: “I was teaching yoga classes at a popular local studio and working
part-time at a pizza and craft beer place in Park Circle (EVO). I have a long
personal history of working in food & beverage. (…) It started as classes
for my friends and Holy City Brewery employees. After class we’d have a tasting
of what the brewery was offering and talk about the postures we did, our
families, the beer. (…) I asked Chris if we could open it up to the public and
include a beer tasting in the price. I called it Bendy Brewski: Yoga for Beer Lovers. The brewery is a perfect place for yoga! It’s
open, its design is industrial and clean, but with a natural warmth about it
(something to do with the smell of hops, I’m sure!), and they have beer! (…) I
get a lot of men in the room. (…) The floors are concrete, they’re usually a
bit dirty, it can be loud from the glycol chiller. It’s garage-band yoga. Our teachers are well trained and enthusiastic,
typically funny and free-spirited! (…) As Bendy Brewski has grown in student
size and number of breweries, the yoga has adapted and will continue to change.
(…) Craft Beer and Yoga; they are both art forms that have been around for
centuries. They both are an ancient practice, involving trial-and-error and precision,
patience, practice, pureness and hard work. Both are very sensory and come from
honored traditions that link families and cultures and nations. I have found
that bringing Craft Beer Lovers and Yoga Lovers together is like linking
tribes. Good beer enjoyed after a satisfying yoga class amongst like-minded
people is a delightful and rewarding experience for everyone. It just feels and
tastes good!”[2]
Association
for Yoga and Meditation India: “Beer or alcohol both are not accepted in yoga world as alcohol
will not let the person work on developing consciousness and brain. And yoga is
about expanding one's consciousness which is impossible while drinking
beer or wine.”
Evidencia 3: DAÑOS A LA SALUD FÍSICA
Dr. Ingo Froboese (Escuela Sporting alemana de Colonia): “El alcohol
nubla la percepción, dificulta el control muscular, afecta el equilibrio y
restringe la resistencia” (También añadió que el alcohol podría restringir la
fase de recuperación de las personas, y que deberían atenerse al agua potable
durante varias horas luego de una sesión de ejercicio)[3]
New Health Guide: “Side Effects of Beer. 1. Fill You with Empty Calories (…) 2. Low Blood Sugar Leads to Weight Gain (…) 3. Loss of Fluid Causes Dehydration (…) 4. Affect Those with Celiac Disease (…) 5. Lead to Accidents (…) Increase Blood
Pressure and Acid Reflux (…) 7.
Create False Strength (…) 8. Lead
to Next Day Illness”[4]
TRACII
HANES:
“Athletic Performance. Like other
tasks requiring coordination and cognitive precision, the ability to exercise
or play sports may be negatively affected by alcohol. According to Sports
Doctor, alcohol impairs reaction time, balance and hand-eye coordination, all
of which you require for optimal athletic performance. In addition, alcohol acts as a
diuretic by speeding the loss of fluids and electrolytes that your body needs
for proper hydration. By increasing the production of lactic acid, alcohol can
worsen fatigue when exercising. Other effects include dilation of blood
vessels, increased sweating and dehydration. Weight Gain. Like soda, alcohol contains calories that
can contribute to weight gain. Drinking more than two alcoholic beverages per
day may lead to increased belly fat. While the condition is often referred to
as a beer belly, any alcoholic beverage can cause weight gain if you consume
them in excess. (…) Reduced Muscle
Growth. Protein
synthesis is vital for muscle development and maintenance. Because alcohol
impairs this process, drinking can interfere with your ability to grow and
maintain muscle. Binge drinking also causes a drop in testosterone levels while
increasing cortisol, a hormone that destroys muscle. To prevent muscle loss,
avoid drinking alcohol shortly before or after hitting the gym. Choose
hydrating drinks like water or sports drinks instead of alcoholic beverages,
and monitor your overall alcohol intake.”[5]
Kymberly Fergusson: “Heavy drinkers are
at risk of developing a number of forms of cancer, especially liver and
colorectal cancers.[6] In fact, various cancer bodies around
the world have categorized alcohol as a known carcinogen. Excessive alcohol
intake has been linked to the following illnesses: skin disorders including
hives, psoriasis and rosácea; gout, leading to arthritis; stomach inflammation;
osteoporosis; diabetes and pancreatitis (….) Even a small amount will slow down
signal processing from the nervous system. Short term visual memory, depth
perception and learning capabilities are all impaired with a few drinks.[7] A moderate intake was shown to decrease
verbal ability in elderly subjects.[8] Adolescent drinkers can more easily damage
their brain function and learning capabilities, because their brains are still
developing. Alcohol upsets their hormonal balance, and stops the healthy
development of organs, including their reproductive system. Over time, drinking heavily damages short and
long term memory functions. Drinkers are unable to recall their intentions and
plans, and have trouble learning. Heavy
drinkers are also more likely to suffer from insomnia and depression. The risk
of strokes is increased, and eventually, alcohol withdrawal seizures and
tremors may develop. Unfortunately, this
damage is not reversible.”[9]
Evidencia 4: DAÑOS A LA SALUD MENTAL
Drinkaware: “While alcohol can have a very
temporary positive impact on our mood, in the long term it can cause big
problems for our mental health. It’s linked to a range of issues from
depression and memory loss to suicide. Alcohol
alters your brain chemistry. Our brains rely on a delicate
balance of chemicals and processes. Alcohol is a depressant, which means it can
disrupt that balance, affecting our thoughts, feelings and actions – and
sometimes our long-term mental health. This is partly down to ‘neurotransmitters’,
chemicals that help to transmit signals from one nerve (or neuron) in the brain
to another. The relaxed feeling you can get when you have that first drink is
due to the chemical changes alcohol has caused in your brain. For many of us, a
drink can help us feel more confident and less anxious. That’s because it’s
starting to depress the part of the brain we associate with inhibition. But, as
you drink more, more of the brain starts to be affected. It doesn’t matter what
mood you’re in to start with, when high levels of alcohol are involved, instead
of pleasurable effects increasing, it’s possible that a negative emotional
response will take over. Alcohol can be
linked to aggression you could become angry, aggressive,
anxious or depressed. Alcohol can
actually increase anxiety and stress rather than reduce it. Unfortunately reaching for a drink won’t always have the effect
you’re after. While a glass of wine after a hard day might help you relax, in
the long run it can contribute to feelings of depression and anxiety and make
stress harder to deal with. This is because regular, heavy drinking interferes
with neurotransmitters in our brains that are needed for good mental health. When
we drink, we narrow our perception of a situation and don’t always respond to
all the cues around us. If we're prone to anxiety and notice something that
could be interpreted as threatening in the environment, we'll hone in on that
and miss the other less threatening or neutral information. For example,
we might focus on our partner talking to someone we’re jealous of, rather than
notice all the other people they’ve been chatting to that evening. Alcohol depression = a vicious cycle. If you drink heavily and regularly you’re likely to develop some
symptoms of depression. It’s that good old brain chemistry at work again.
Regular drinking lowers the levels of serotonin in your brain – a chemical that
helps to regulate your mood. In Britain, people who experience anxiety or
depression are twice as likely to be heavy or problem drinkers. For some
people, the anxiety or depression came first and they’ve reached for alcohol to
try to relieve it. For others, drinking came first, so it may be a root cause
of their anxieties. Drinking heavily
can also affect your relationships with your partner, family and friends. It can impact on your performance
at work. These issues can also contribute to depression. If you use drink to
try and improve your mood or mask your depression, you may be starting a
vicious cycle… Warning signs that alcohol is affecting your mood include: Poor sleep after
drinking; Feeling tired
because of a hangover; Low mood; Experiencing anxiety in
situations where you would normally feel comfortable. Four ways to help prevent alcohol affecting your mood: Use exercise and relaxation to tackle stress instead of alcohol;
Learn breathing techniques to try when you feel anxious; Talk to someone about
your worries. Don’t try and mask them with alcohol; Always be aware of why
you’re drinking. Don’t assume it will make a bad feeling go away, it’s more
likely to exaggerate it. Alcohol is linked to
suicide, self-harm and psychosis. Alcohol can
make people lose their inhibitions and behave impulsively, so it can lead to
actions they might not otherwise have taken – including self-harm and suicide. According to the NHS in Scotland,
more than half of people who ended up in hospital because they’d deliberately
injured themselves said they’ve drunk alcohol immediately before or while doing
it. 27% of men and 19% of women gave alcohol as the reason for
self-harming 4. Did you know? Anxiety and depression
are more common in heavy drinkers – heavy drinking is more common in those with
anxiety and depression. Extreme levels
of drinking (such as more than 30 units per day for several weeks) can
occasionally cause ‘psychosis’. It’s a severe mental illness where
hallucinations and delusions of persecution develop. Psychotic symptoms can
also occur when very heavy drinkers suddenly stop drinking and develop a
condition known as ‘delirium tremens’ – symptoms include body tremors and
confusion. Alcohol can
damage your memory. Soon after drinking alcohol, your
brain processes slow down and your memory can be impaired. After large
quantities of alcohol, the brain can stop recording into the ‘memory store’.
That’s why you can wake up the next day with a ‘blank’ about what you said or
did and even where you were. This short-term memory failure or ‘black out’
doesn’t mean that brain cells have been damaged, but frequent heavy sessions
can damage the brain because of alcohol’s effect on brain chemistry and
processes. Drinking heavily over a long period of time can also have long-term
effects on memory. Even on days when you don't drink any alcohol, recalling
what you did yesterday, or even where you have been earlier that day, become
difficult.”[10]
Mental Health Foundation: “Drinking lowers inhibition. Typically, excessive
alcohol consumption means fewer personal constraints are in place.
Additionally, alcohol can disrupt our body’s ability to rest, resulting in our
body needing to work harder to break down the alcohol in our system. This
interference of alcohol with sleep patterns can lead to reduced energy levels.
Alcohol also depresses the central nervous system, and this can make our
moods fluctuate. It can also help ‘numb’ our emotions, so we can avoid
difficult issues in our lives. Alcohol can also reveal or intensify
our underlying feelings, such as evoking past memories of trauma or sparking
any repressed feelings which are associated with painful events of the past.
These memories can be so powerful that they create overwhelming anxiety,
depression or shame. Re-living these memories and dark feelings whilst under
the influence of alcohol can pose a threat to personal safety as well as the
safety of others.”[11]
American Addiction Centers: “How Does Alcohol Impacts Cognitive Ability? Occasional and moderate drinkers: Memory
impairment; Blackout; Recklessness; Impaired decision-making. Heavy and/or
chronic drinkers:
Diminished brain size; Inability to think
abstractly; Loss of visuospatial abilities; Wernicke-Korsakoff syndrome; Memory
loss; Loss of attention span”[12]
Jesse Viner: “Alcoholism
is common among people suffering from mental health conditions. People
experiencing anxiety, depression,
impulsivity, or other diagnosable mental illnesses often turn to alcohol to
find temporary solace. (…) Drinking represses the negative emotions that affect
the mental well-being of those with diagnosed mental health concerns and those who
simply feel emotionally flooded. While it may allow for a short-lived relief
from anxiety, depression, or overwhelming feelings, drinking alcohol is not a
smart choice in the grand scope of mental well-being. The popular misconception
that drinking relieves stress deludes people into thinking that things will
feel better after a few drinks. And they might, for an hour or two, as alcohol
races through the body, creating a false sense of stimulation. However, as time
goes on, and drinking becomes excessive, alcohol raids the central nervous
system, shifting the normal processes within the body and brain. People need to
be educated about how drinking negatively affects mental health. I’ve spent
three decades clinically treating emerging adults with mental health concerns,
many having a coexisting dependency on alcohol. I composed a guide, Ten Good Mental Health Reasons Not to Drink, as a way
to expose the effects of alcohol on mental well-being. This valuable resource
explains the social and emotional consequences of drinking. The first few
points describe how alcohol disrupts brain and body functioning. Drinking
revamps brain processes such as forming memories and learning new information.
It can be difficult to recall the details of events when alcohol is involved.
Drinking also agitates the body’s ability to rest. Instead of restoring vital
organs and cells during the process of sleep, the body
has to work harder than normal to break down alcohol in the system. When
alcohol interferes with normal sleep patterns, energy levels sink. Moods
fluctuate as a result of drinking, since alcohol directly depresses the central
nervous system. Additionally, Ten Good Mental Health Reasons Not to Drink touches on how alcohol gets in the way
of good decision-making. While under stress and feeling anxious, people drink
to find temporary relief. However, drinking leads to a rebound in anxiety
levels, often making matters worse than before. Drinking lowers inhibition.
Excess alcohol consumption usually means fewer personal restrictions are set in
place. Without self-reservations, people under the influence are more likely to
engage in promiscuous behavior, use other substances, or conduct themselves
aggressively. Poor decisions made while under the influence usually increase
feelings of shame, guilt, or worry. (…) People who take prescribed medications, such as those being treated for anxiety or depression, should
avoid alcohol completely. Drinking can be extremely dangerous, even fatal, when
combined with prescription drug use.”[13]
U.S. Department of Health &
Human Services: “ALCOHOL’S
DAMAGING EFFECTS ON THE BRAIN.Difficulty walking, blurred vision, slurred
speech, slowed reaction times, impaired memory: Clearly, alcohol affects the
brain. Some of these impairments are detectable after only one or two drinks
and quickly resolve when drinking stops. On the other hand, a person who drinks
heavily over a long period of time may have brain deficits that persist well
after he or she achieves sobriety. Exactly how alcohol affects the brain and
the likelihood of reversing the impact of heavy drinking on the brain remain
hot topics in alcohol research today. We do know that heavy drinking may have
extensive and far–reaching effects on the brain, ranging from simple slips in memory to permanent and
debilitating conditions that require lifetime custodial care. And even moderate
drinking leads to short–term impairment, as shown by extensive research on the
impact of drinking on driving. (…) This Alcohol Alert reviews
some common disorders associated with alcohol–related brain damage and the
people at greatest risk for impairment. (…) BLACKOUTS AND MEMORY LAPSES. Alcohol can produce detectable impairments in memory after only a few
drinks and, as the amount of alcohol increases, so does the degree of
impairment. Large quantities of alcohol, especially when consumed quickly and
on an empty stomach, can produce a blackout, or an interval of time for which
the intoxicated person cannot recall key details of events, or even entire
events. Blackouts are much more common among social drinkers than previously
assumed and should be viewed as a potential consequence of acute intoxication
regardless of age or whether the drinker is clinically dependent on alcohol.
(…) Women are more vulnerable than men to many of the medical consequences of
alcohol use. For example, alcoholic women develop cirrhosis, alcohol–induced
damage of the heart muscle (i.e., cardiomyopathy), and nerve damage (i.e.,
peripheral neuropathy) after fewer years of heavy drinking than do alcoholic
men. (…) Studies also showed that both men and women have similar learning and
memory problems as a result of heavy drinking. The difference is that alcoholic
women reported that they had been drinking excessively for only about half as
long as the alcoholic men in these studies. This indicates that women’s brains,
like their other organs, are more vulnerable to alcohol–induced damage than
men’s. (…) Up to 80 percent of alcoholics, however, have a deficiency in
thiamine, and some of these people will go on to develop serious brain
disorders such as Wernicke–Korsakoff syndrome (WKS). WKS is a disease that
consists of two separate syndromes, a short–lived and severe condition called
Wernicke’s encephalopathy and a long–lasting and debilitating condition known
as Korsakoff’s psychosis. The symptoms of
Wernicke’s encephalopathy include mental confusion, paralysis of the nerves
that move the eyes (i.e., oculomotor disturbances), and difficulty with muscle
coordination. For example, patients with Wernicke’s encephalopathy may be too
confused to find their way out of a room or may not even be able to walk. Many
Wernicke’s encephalopathy patients, however, do not exhibit all three of these
signs and symptoms, and clinicians working with alcoholics must be aware that
this disorder may be present even if the patient shows only one or two of them.
(…) Approximately 80 to 90 percent of alcoholics
with Wernicke’s encephalopathy also develop Korsakoff’s psychosis, a chronic
and debilitating syndrome characterized by persistent learning and memory
problems. Patients with Korsakoff’s psychosis are forgetful and quickly
frustrated and have difficulty with walking and coordination. Although these
patients have problems remembering old information (i.e., retrograde amnesia),
it is their difficulty in laying down
new information (i.e., anterograde amnesia) that is the most striking. For
example, these patients can discuss in detail an event in their lives, but an
hour later might not remember ever having the conversation. (…)
Most people realize that heavy, long–term drinking can damage the liver,
the organ chiefly responsible for breaking down alcohol into harmless
byproducts and clearing it from the body. But people may not be aware that
prolonged liver dysfunction, such as liver cirrhosis resulting from excessive
alcohol consumption, can harm the brain, leading to a serious and potentially
fatal brain disorder known as hepatic encephalopathy. Hepatic encephalopathy
can cause changes in sleep patterns, mood, and personality; psychiatric
conditions such as anxiety and depression; severe cognitive effects such as
shortened attention span; and problems with coordination such as a flapping or
shaking of the hands (called asterixis). In the most serious cases, patients
may slip into a coma (i.e., hepatic coma), which can be fatal. (…) These
studies have confirmed that at least two toxic substances, ammonia and
manganese, have a role in the development of hepatic encephalopathy.
Alcohol–damaged liver cells allow excess amounts of these harmful byproducts to
enter the brain, thus harming brain cells. ALCOHOL AND THE DEVELOPING BRAIN. Drinking during pregnancy can lead to a range of physical, learning, and
behavioral effects in the developing brain, the most serious of which is a
collection of symptoms known as fetal alcohol syndrome (FAS). Children with FAS
may have distinct facial features. FAS infants also are markedly smaller than
average. Their brains may have less volume (i.e., microencephaly). And they may
have fewer numbers of brain cells (i.e., neurons) or fewer neurons that are
able to function correctly, leading to long–term problems in learning and
behavior.”[14]
Evidencia 5: YOGA COMO PATRIMONIO CULTURAL DE LA HUMANIDAD
UNESCO: “Yoga. Inscribed in 2016 on the Representative List of the Intangible Cultural Heritage of Humanity.
The philosophy behind the ancient Indian practice of yoga has influenced
various aspects of how society in India functions, whether it be in relation to
areas such as health and medicine or education and the arts. Based on unifying
the mind with the body and soul to allow for greater mental, spiritual and
physical wellbeing, the values of yoga form a major part of the community’s
ethos. Yoga consists of a series of poses, meditation, controlled breathing,
word chanting and other techniques designed to help individuals build
self-realization, ease any suffering they may be experiencing and allow for a
state of liberation. It is practised by the young and old without
discriminating against gender, class or religion and has also become popular in
other parts of the world. Traditionally, yoga was transmitted using the
Guru-Shishya model (master-pupil) with yoga gurus as the main custodians of
associated knowledge and skills. Nowadays, yoga ashrams or hermitages provide
enthusiasts with additional opportunities to learn about the traditional
practice, as well as schools, universities, community centres and social media.
Ancient manuscripts and scriptures are also used in the teaching and practice
of yoga, and a vast range of modern literature on the subject available.”[15]
Evidencia 6: VIOLACIÓN A LOS DERECHOS HUMANOS
Karima Bennoune (United Nations Special
Rapporteur in the field of cultural rights): (The destruction of
cultural heritage is a violation of human rights) “It is
impossible to separate a people’s cultural heritage from the people itself and
their Rights (…). Clearly, we must now understand that when cultural heritage
is under attack, it is also the people and their fundamental human rights that
are under attack (…) In particular we
must protect cultural heritage professionals on the frontlines of the struggle
against destruction and ensure their safety and security, provide them with the
conditions necessary to complete their Work (…). Moreover, we must also pay
tribute to ordinary people who step forward to defend cultural heritage, like
those in Northern Mali who reportedly hid manuscripts beneath the floorboards
of their homes to protect them or those in Libya who tried to peacefully
protest destruction of Sufi sites”[16] “Cultural heritage is significant in the present,
both as a message from the past and as a pathway to the future. Viewed from a
human rights perspective, it is important not only in itself, but also in
relation to its human dimensión (…) The
right of access to and enjoyment of cultural heritage is a human right
guaranteed by international law, and it must be taken seriously. As stressed by
the Human Rights Council in its recent Resolution 33/20(2016) on cultural rights and the
protection of cultural heritage, the
destruction of or damage to cultural heritage may have a detrimental and
irreversible impact on the enjoyment of cultural rights. In addition, cultural heritage is a
fundamental resource for other human rights, including the rights to freedom of
expression, freedom of thought, conscience and religion, as well as the
economic rights of the many people who earn a living through tourism related to
such heritage. It is crucial to understand that
tangible and intangible heritage are closely interlinked and that attacks on
one are usually accompanied by assaults on the other. In addition, while
specific aspects of heritage may have particular connections to particular
human groups, all of humanity has a link to such objects, which represent the cultural heritage of all humankind, in
all its diversity. This is reflected in UNESCO’s Culture Conventions and
standard setting instruments aimed at protecting cultural diversity and
heritage. In the UNESCO Declaration concerning the Intentional Destruction of
Cultural Heritage adopted in 2003, the international community reaffirms its
commitment to fight against the intentional destruction of cultural heritage in
any form so that it may be transmitted to the succeeding generations. Intentional destruction is defined as an act intended to destroy in whole or in
part cultural heritage, thus compromising its integrity, in a manner which
constitutes a violation of international law or an unjustifiable offence to the
principles of humanity and dictates of public conscience. (…) Importantly,
individual criminal responsibility arises from serious offences against
cultural heritage. I welcomed the decision of the Office of the Prosecutor of
the International Criminal Court to charge the destruction of cultural and
religious sites as a stand-alone war crime for the first time in the case of
Ahmad Al Faqi Al Mahdi, which has recently resulted in a guilty verdict. (…) As
stressed in the preamble of the 2003 UNESCO Declaration cultural heritage is an important component of cultural identity and of
social cohesion, so that its intentional destruction may have adverse
consequences on human dignity and human rights. Acts of deliberate
destruction are often accompanied by other grave assaults on human dignity and
human rights. They have to be addressed in the context of holistic strategies
for the promotion of human rights and peacebuilding. (…) We must care about the
destruction of heritage in conjunction with our grave concern for the
destruction of the lives of populations. Acts of intentional destruction
harm all, and often disproportionately affect persons belonging to minorities.
They contribute to intolerance, and deprive all humanity of the rich diversity
of cultural heritage. (…) I recall the grievous history of destruction of diverse
forms of indigenous cultural heritage in many parts of the world as a
systematic part of, inter alia, colonialism or nationalist policies in
post-colonial States, and I note that the totality of these acts have had
long-lasting effects on the human rights of many indigenous peoples in diverse
geographical contexts. (…)When cultural heritage is destroyed, this bears
important consequences for a wide range of human rights for current generations
and those to come. Cultural heritage is a record of the genius of human beings,
that which we leave behind for the next generations to mark our path through
this world, and quite simply irreplaceable even in a digital era. Let us come
together with urgency and thoughtfulness to protect it.”[17]
UNESCO Declaration concerning
the Intentional Destruction of Cultural Heritage: “Recalling the tragic destruction of
the Buddhas of Bamiyan that affected the international community as a whole,
(…) Referring to Article I(2)(c) of the Constitution
of UNESCO that entrusts UNESCO with the task of maintaining, increasing and
diffusing knowledge by assuring the
conservation and protection of the world’s
inheritance of books, works of art and monuments of history and science, and
recommending to the nations concerned the necessary international conventions, (…)Mindful that cultural heritage is an important
component of the cultural identity of communities, groups and individuals, and
of social cohesion, so that its intentional destruction may have adverse
consequences on human dignity and human rights, Reiterating one of the fundamental principles of
the Preamble of the 1954 Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict providing that damage to cultural property belonging to any people whatsoever means
damage to the cultural heritage of all mankind, since each people makes its
contribution to the culture of the world, (…) Mindful of the
development of rules of customary international law as also affirmed by the
relevant case-law, related to the protection of cultural heritage in peacetime
as well as in the event of armed conflict; Also recalling Articles 8(2)(b)(ix) and 8(2)(e)(iv)
of the Rome Statute of the International Criminal Court, and, as appropriate,
Article 3(d) of the Statute of the International Criminal Tribunal for the
former Yugoslavia, related to the intentional destruction of cultural heritage, (…) The international community recognizes the importance of the
protection of cultural heritage and reaffirms its commitment to fight against
its intentional destruction in any form so that such cultural heritage may be
transmitted to the succeeding generations. (…) intentional destruction means
an act intended to destroy in whole or in part cultural heritage, thus
compromising its integrity, in a manner which constitutes a violation of
international law or an unjustifiable offence to the principles of humanity and
dictates of public conscience (…). States should take all appropriate measures
to prevent, avoid, stop and suppress acts of intentional destruction of
cultural heritage, wherever such heritage is located. (…)When conducting peacetime activities, States should take all appropriate
measures to conduct them in such a manner as to protect cultural heritage (…) States should
take all appropriate measures, in accordance with international law, to
establish jurisdiction over, and provide effective criminal sanctions against,
those persons who commit, or order to be committed, acts of intentional
destruction of cultural heritage of great importance for humanity, whether or
not it is inscribed on a list maintained by UNESCO or another international
organization.”[18]
UNESCO
Convention for the Safeguarding of the Intangible Cultural Heritage: “Recognizing that the processes of globalization
and social transformation, alongside the conditions they create for renewed
dialogue among communities, also give rise, as does the phenomenon of intolerance,
to grave threats of deterioration, disappearance and destruction of the
intangible cultural heritage, in particular owing to a lack of resources for
safeguarding such heritage; (…) Considering the invaluable role of the intangible
cultural heritage as a factor in bringing human beings closer together and
ensuring exchange and understanding among them, (…) The intangible cultural heritage means the practices, representations,
expressions, knowledge, skills – as well as the instruments, objects, artefacts
and cultural spaces associated therewith – that communities, groups and, in
some cases, individuals recognize as part of their cultural heritage. This
intangible cultural heritage, transmitted from generation to generation, is
constantly recreated by communities and groups in response to their
environment, their interaction with nature and their history, and provides them
with a sense of identity and continuity, thus promoting respect for cultural
diversity and human creativity. For the purposes of this Convention,
consideration will be given solely to such intangible cultural heritage as is
compatible with existing international human rights instruments, as well as
with the requirements of mutual respect among communities, groups and individuals,
and of sustainable development. (…)
Safeguarding means measures aimed at
ensuring the viability of the intangible cultural heritage, including the
identification, documentation, research, preservation, protection, promotion,
enhancement, transmission, particularly through formal and non-formal
education, as well as the revitalization of the various aspects of such
heritage. (…) Each State Party shall endeavour, by all appropriate means, to: ensure recognition of, respect for, and enhancement of
the intangible cultural heritage in society, in particular through: (…) non-formal means of transmitting knowledge; (…) Within the framework of
its safeguarding activities of the intangible cultural heritage, each State
Party shall endeavour to ensure the widest possible participation of
communities, groups and, where appropriate, individuals that create, maintain
and transmit such heritage, and to involve them actively in its management.”[19]
UNESCO Convention
on the Protection and Promotion of the Diversity of Cultural Expressions: “Recognizing the importance
of traditional knowledge as a source of intangible and material wealth, and in
particular the knowledge systems of indigenous peoples, and its positive
contribution to sustainable development, as well as the need for its adequate
protection and promotion, (…) Taking into account the importance of the vitality of
cultures, including for persons belonging to minorities and indigenous peoples,
as manifested in their freedom to create, disseminate and distribute their
traditional cultural expressions and to have access thereto, so as to benefit
them for their own development, (…) Recognizing the importance of intellectual property rights in
sustaining those involved in cultural creativity; Being convinced that cultural activities, goods
and services have both an economic and a cultural nature, because they convey
identities, values and meanings, and must therefore not be treated as solely
having commercial value”[20]
UNESCO
Universal Declaration on Cultural Diversity: "Cultural heritage in all its forms must be preserved, enhanced and
handed on to future generations as a record of human experience and
aspirations, so as to foster creativity in all its diversity and to inspire
genuine dialogue among cultures (...) In the face of present-day economic and
technological change, opening up vast prospects for creation and innovation,
particular attention must be paid to the diversity of the supply of creative
work, to due recognition of the rights of authors and artists and to the
specificity of cultural goods and services which, as vectors of identity,
values and meaning, must not be treated as mere commodities or consumer goods.
(...) Respecting and protecting traditional knowledge, in particular that of
indigenous peoples; recognizing the contribution of traditional knowledge (...)
Ensuring protection of copyright and related rights in the interest of the
development of contemporary creativity and fair remuneration for creative
work"
UNESCO Recommendation on the Safeguarding
of Traditional Culture and Folklore: "Preservation is concerned with
protection of folk traditions and those who are the transmitters, having regard
to the fact that each people has a right to its own culture and that its
adherence to that culture is often eroded by the impact of the industrialized
culture purveyed by the mass media. (...) It is essential for the items that
make up this cultural heritage to be widely disseminated so that the value of
folklore and the need to preserve it can be recognized. However, distortion
during dissemination should be avoided so that the integrity of the traditions
can be safeguarded. (...) In so far as folklore constitues manifestations of
intellectual creativity whether it be individual or collective, it deserves to
be protected in a manner inspired by the protection provided for intellectual
productions. Such protection of folklore has become indispensable as a means of
promoting further development, maintenance and dissemination of those expressions,-
both within and outside the country, without prejudice to related legitimate
interests."
UNESCO Recommendation concerning the
Preservation of Cultural Property Endangered by Public or Private works:
"Considering that contemporary civilization and its future evolution rest
upon, among other elements, the cultural traditions of the peoples of the
world, their creative force and their social and economic development;
Considering that cultural property is the product and witness of the different
traditions and of the spiritual achievements of the past and thus is an
essential element in the personality of the peoples of the world;Considering
that it is indispensable to preserve it as much as possible, according to its
historical and artistic importance, so that the significance and message of
cultural property become a part of the spirit of peoples who thereby may gain
consciousness of their own dignity;
Considering that preserving cultural property and rendering it accessible
constitute, in the spirit of the Declaration of the Principles of International
Cultural Cooperation adopted on 4 November 1966 in the course of its fourteenth
session, means of encouraging mutual understanding among peoples and thereby
serve the cause of peace; Considering also that the well-being of all peoples
depends, inter alia, upon the existence of a favourable and stimulating
environment and that the preservation of cultural property of all periods of
history contributes directly to such an Environment; (...) Considering, however,
that the prehistoric, protohistoric and historic monuments and remains, as well
as numerous recent structures having artistic, historic or scientific
importance are increasingly threatened by public and private works resulting
from industrial development and urbanization; (...) Considering equally that
adequate preservation and accessibility of cultural property constitute a major
contribution to the social and economic development of countries and regions
which possess such treasures of mankind by means of promoting national and
international tourism; (...) Member States should take steps to ensure that
offences, through intent or negligence, against the preservation or salvage of
cultural property endangered by public or private works are severely punished
by their Penal Code, which should provide for fines or imprisonment or both.
(...) Member States should encourage individuals, associations and
municipalities to take part in programmes for the preservation or salvage of
cultural property endangered by public or private works. (...) Educational
institutions, historical and cultural associations, public bodies concerned
with the tourist industry and associations for popular education should have
programmes to publicize the dangers to cultural property arising from
short-sighted public or private works, and to underline the fact that projects
to preserve cultural property contribute to international understanding."
Council of Europe Framework Convention
on the Value of Cultural Heritage for Society:
"Emphasising the value and potential of cultural heritage wisely used as a
resource for sustainable development and quality of life in a constantly
evolving society; Recognising that every person has a right to engage with the
cultural heritage of their choice, while respecting the rights and freedoms of
others, (...) The Parties to this Convention agree to (...) recognise
individual and collective responsibility towards cultural heritage; (...)
cultural heritage is a group of resources inherited from the past which people
identify, independently of ownership, as a reflection and expression of their
constantly evolving values, beliefs, knowledge and traditions. It includes all
aspects of the environment resulting from the interaction between people and places
through time; a heritage community consists of people who value specific
aspects of cultural heritage which they wish, within the framework of public
action, to sustain and transmit to future generations. (...) everyone, alone or
collectively, has the responsibility to respect the cultural heritage of others
as much as their own heritage, (...) Exercise of the right to cultural heritage
may be subject only to those restrictions which are necessary in a democratic
society for the protection of the public interest and the rights and freedoms
of others. (...) enhance the value of the cultural heritage through its
identification, study, interpretation, protection, conservation and
presentation; (...) promote cultural heritage protection as a central factor in
the mutually supporting objectives of sustainable development, cultural
diversity and contemporary creativity; (...) encourage reflection on the ethics
and methods of presentation of the cultural heritage, as well as respect for
diversity of interpretations; establish processes for conciliation to deal
equitably with situations where contradictory values are placed on the same
cultural heritage by different communities; develop knowledge of cultural
heritage as a resource to facilitate peaceful co-existence by promoting trust
and mutual understanding with a view to resolution and prevention of conflicts;
(...) To sustain the cultural heritage, the Parties undertake to: a promote
respect for the integrity of the cultural heritage by ensuring that decisions about
change include an understanding of the cultural values involved; (...) ensure
that these policies respect the integrity of the cultural heritage without
compromising its inherent values. (...) encourage non-governmental
organisations concerned with heritage conservation to act in the public
interest. (...) encourage everyone to participate in: – the process of
identification, study, interpretation, protection, conservation and
presentation of the cultural heritage; – public reflection and debate on the
opportunities and challenges which the cultural heritage represents; (...)
seeking to resolve obstacles to access to information relating to cultural
heritage, particularly for educational purposes, whilst protecting intellectual
property rights; recognising that the creation of digital contents related to
the heritage should not prejudice the conservation of the existing
heritage."
[1] http://bieryoga.de/english/index.html
[2]
http://www.bethcosi.com/bendy-brewski-yoga/bendy-brewski-history/
[4]
http://www.newhealthguide.org/Side-Effects-of-Beer.html
[5] http://www.livestrong.com/article/345415-the-effects-of-alcohol-on-fitness/
[7] The role of GABA(A) receptors in the acute
and chronic effects of ethanol, S. Kumar, P. Porcu, et al. Psychopharmacology,
September 2009, 205(4):529-64
[8] Alcohol intake and cognitive abilities in
old age, J. Corley, X. Jia, et al. Neuropsychology. March 2011, 25(2):166-75
[9]
https://delishably.com/beverages/health-effects-of-beer
[10]
https://www.drinkaware.co.uk/alcohol-facts/health-effects-of-alcohol/mental-health/alcohol-and-mental-health/
[11]
https://www.mentalhealth.org.uk/a-to-z/a/alcohol-and-mental-health
[12]
http://americanaddictioncenters.org/alcoholism-treatment/mental-effects/
[13]
https://psychcentral.com/blog/archives/2014/03/25/alcohol-may-not-help-alcohols-impact-on-your-mental-health/
[14]
https://pubs.niaaa.nih.gov/publications/aa63/aa63.htm
[15]
http://www.unesco.org/culture/ich/en/RL/yoga-01163
[16]
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17151&LangID=E
[17]
http://en.unesco.org/news/karima-bennoune-cultural-heritage-human-rights-issue
[18]
http://portal.unesco.org/en/ev.php-URL_ID=17718&URL_DO=DO_TOPIC&URL_SECTION=201.html
[19]
http://portal.unesco.org/en/ev.php-URL_ID=17716&URL_DO=DO_TOPIC&URL_SECTION=201.html
[20]
http://portal.unesco.org/en/ev.php-URL_ID=31038&URL_DO=DO_TOPIC&URL_SECTION=201.html
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