ISBN:
9781780688336
,
1780688334
Language:
English
Pages:
xxxix, 406 Seiten
Series Statement:
Intersentia studies on courts and judges
Series Statement:
NUR 828
Dissertation note:
Dissertation Ghent University
Keywords:
Hochschulschrift
;
Internationale Gerichtsbarkeit
;
Menschenrecht
Abstract:
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. 0To 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. 0To 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
Note:
Im Vorwort: " ... based on the author's Ph.D. thesis, written at Ghent University ..."
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