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Cultural Difference and Economic Disadvantage in Regional Human Rights Courts: An Integrated View

Cultural Difference and Economic Disadvantage in Regional Human Rights Courts: An Integrated View

Author: Valeska David
Publisher: Intersentia Publishers
ISBN: 9781780688336
Published In: March 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,649.20

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Description
Contents

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More and more people are turning to human rights courts to seek protection against prejudice, disadvantage or exclusion on account of their cultural and economic particularities. Human rights courts are thus increasingly faced with the difficult task of deciding these cases, which raise a number of complex and contested legal questions. To what extent can courts accommodate cultural diversity, protect all kinds of groups or interfere in socio-economic policy? This book argues that one of the problems encountered in dealing with such cases is the courts’ tendency to assess them from a ‘compartmentalised’ or fragmentary perspective. This line of reasoning isolates or places into ‘boxes’ the various interrelated components of the right holder’s claim and the norms concerning the case to their detriment.

This book critiques this reductionist approach that is out of touch with real life and which, moreover, tends to leave the roots of the alleged violations intact. To counterbalance this tendency, an innovative, integrated and person-centered approach to adjudicating claims of cultural difference and economic disadvantage is put forward. Drawing on the concepts of intersectionality, indivisibility and normative interdependence, the book presents specific notions and methods for approaching the appreciation of rights holders, harms and norms in a holistic manner. A wide selection of case law from both the European and the Inter-American courts of human rights supports the normative framework developed in this book. The sample mostly includes cases brought by Muslims, Roma, Travelers, indigenous peoples, afro-descendants and people living in poverty.

Introduction

Theoretical Foundations:

Chapter 1. A Conceptual and Normative Exploration

Rethinking Cultural Difference from an Integrated Perspective on Human Rights:

Chapter 2. An Integrated Approach to Cultural Difference in the European Court of Human Rights

Chapter 3. An Integrated Approach to Cultural Difference in the Inter-American Court of Human Rights

Rethinking Economic Disadvantage from an Integrated Perspective on Human Rights:

Chapter 4. An Integrated Approach to Economic Disadvantage in the European Court of Human Rights

Chapter 5. An Integrated Approach to Economic Disadvantage in the Inter-American Court of Human Rights

Conclusion

Bibliography

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