Violent Conflict and Violation of Human Rights in Nepal: A Jurisprudential Discourse

12 Pages Posted: 27 Nov 2013

Date Written: November 26, 2008

Abstract

Conflict is natural social phenomenon. Conflict though often has been viewed only from the negative sense is not so in actual. The conflict can be viewed from a different perspective as well as various dimensions. The social, cultural, political, economical and psychological dimensions of conflict vary with each other among themselves. However all types of conflict demand a proper management in the society to prevent the conflict to transform into a negative energy or violence. Conflict in its real sense is a part of human life which can be made functional and used as a positive energy for the transformation of pain into peace. Conflict has its different forms and nature. Often the importance of transformation of conflict is defined closely to 'struggle for sustainable peace'. Conflict transformation therefore involves reconstruction and reconciliation. It means that conflict is not essentially an evil. The classical theories on peace and conflicts and their management have been obsolete to capture the complex dimensions of the conflicts in the modern and post-modern period. Therefore there is a need of rethinking on the theories of peace and conflicts. The success in avoidance of conflict lies on a deepening awareness of human rights and rule of law values among the general people. This paper highlights that the conflict transformation must not aim to eliminate conflict but to utilize conflict solving processes for generative and positive changes.

Keywords: jurisprudence, conflict transformation, human rights, peace, dimension of conflict

Suggested Citation

Sangroula, Yubaraj, Violent Conflict and Violation of Human Rights in Nepal: A Jurisprudential Discourse (November 26, 2008). Available at SSRN: https://ssrn.com/abstract=2359948 or http://dx.doi.org/10.2139/ssrn.2359948

Yubaraj Sangroula (Contact Author)

Kathmandu School of Law ( email )

Dadhikot-9, Bhaktapur
Bhaktapur, Bhaktapur 6618
Nepal

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