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A Closer Look at Law: Human Rights as Multi-Level Sites of Struggles Over Multi-Dimensional Equality


Susanne Baer


affiliation not provided to SSRN

June 2010

Utrecht Law Review, Vol. 6, No. 2, pp. 56-76, June 2010

Abstract:     
Conflicts in human rights today are often conflicts around religion and equality. They focus on headscarves, swimming lessons or prayer during school. To understand them better, we need to resist the temptation to reduce them to cases or clashes between a determinate set of rights. Rather, we need to understand the political agendas set, including the culturalization of religion and the othering of sex equality, and we need to analyse such conflicts in contexts of contested secularism, as an occurrence in a world of multi-level (and thus also contested) regulation and as a problem of multiple inequalities. To solve them, this paper suggests relying on a triangle of fundamental human rights, with substantive equality and interrelated liberty as well as dignity.

Number of Pages in PDF File: 21

Keywords: religious freedom, equality, culturalization, orientalism, secularism, multi-level regulation, multiple inequalities

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Date posted: June 18, 2010  

Suggested Citation

Baer, Susanne, A Closer Look at Law: Human Rights as Multi-Level Sites of Struggles Over Multi-Dimensional Equality (June 2010). Utrecht Law Review, Vol. 6, No. 2, pp. 56-76, June 2010. Available at SSRN: http://ssrn.com/abstract=1625655

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