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

See all articles by Eva Brems

Eva Brems

Ghent University-Universiteit Gent

Date Written: 2018

Abstract

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

Suggested Citation

Brems, Eva, Human Rights at the Intersection of Legal Orders: The Case of the ‘Kharisiri’ (2018). in Christa Rautenbach (ed.), In the shade of an African Baobab, Juta & Co, 2018. Available at SSRN: https://ssrn.com/abstract=3310386

Eva Brems (Contact Author)

Ghent University-Universiteit Gent ( email )

Coupure Links 653
Gent, 9000
Belgium

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