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The Culturalization of Human Rights Law (Hardcover)
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The Culturalization of Human Rights Law (Hardcover)
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The idea of multi-culturalism has had a significant impact across
many areas of law. This book explores how it has shaped the recent
development of international human rights law. Custodians of human
rights, especially international monitoring bodies, try to advance
the effectiveness of human rights standards by interpreting these
standards according to a method strongly inspired by the idea of
cultural 'relativism'. By using elements of cultural identity and
cultural diversity as parameters for the interpretation,
adjudication, and enforcement of such standards, human rights are
evolving from the traditional 'universal' idea, to a
'multi-cultural' one, whereby rights are interpreted in a dynamic
manner, which respond to the particular needs of the communities
and individuals directly concerned. This book shows how this is
epitomized by the rise of collective rights - which is intertwined
with the evolution of the rights of minorities and indigenous
peoples - in contrast with the traditional vision of human rights
as inherently individual. It demonstrates how the process of
'culturalization' of human rights law can be shown through
different methods: the most common being the recourse to the
doctrine of the 'margin of appreciation' left to states in defining
the content of human rights standards, extensively used by human
rights bodies, such as the European Court of Human Rights.
Secondly, different meanings can be attributed to the same human
rights standards by adapting them to the cultural needs of the
persons and - especially - communities specifically concerned. This
method is particularly used by the Inter-American Court of Human
Rights and the African Commission of Human and Peoples' Rights. The
book concludes that the evolution of human rights law towards
multi-cultural 'relativism' is not only maximizes the effectiveness
of human rights standards, but is also necessary to improve the
quality of communal life, and to promote the stability of
inter-cultural relationships. However, to an extent, notions of
'universalism' remain necessary to defend the very idea of human
dignity.
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