Human Rights at the Intersection of Legal Orders: The Case of the ‘Kharisiri’
in Christa Rautenbach (ed.), In the shade of an African Baobab, Juta & Co, 2018
21 Pages Posted: 15 Jan 2019
Date Written: 2018
The paper sets out to test the relevance of some of the insights from scholarly debates on universality and diversity in human rights, and more particularly on the confrontation between human rights law and tradition-based norms and practices, that seem to have gained broad acceptance among human rights lawyers. The paper does this by presenting the case of a specific dispute, based on original field research in Bolivia, and analysing this case in the light of human rights law, more specifically the human rights standards regarding fair trial/due process.
Keywords: human rights, legal anthropology, universality, diversity, relativism, fair trial, due process
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