When Legal Worlds Overlap Human Rights, State and Non-State Law
WHEN LEGAL WORLDS OVERLAP HUMAN RIGHTS, STATE AND NON-STATE LAW, ICHRP, Geneva, Switzerland, 2009
202 Pages Posted: 16 Feb 2010
Date Written: 2009
This report highlights human rights impacts and dilemmas associated with plural state and non-state laws, such as family laws based on religion, customary justice practices and Alternative Dispute Resolution mechanisms. Drawing on examples of such plural legal orders from around the world, it proposes principles and a framework to guide human rights practitioners and policy-makers.
The report also identifies challenges related to incorporation of non-state law in state law, recognition of cultural differences in law, and justice sector reform. Emphasising the contested nature of culture, especially when dealing with gender equality, religious freedom and indigenous peoples’ rights, it calls for evidence-based assessments of plural legal orders that give special attention to people on the margins of state and non-state law, and equality between and within communities.
Keywords: legal pluralism, human rights
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