When Legal Worlds Overlap: Human Rights, State and Non-State Law

Description: 

"...Plural legal orders occur in numerous circumstances: for example, where different family laws apply to specific ethno-cultural groups, where customary dispute resolution mechanisms operate without state sanction, where non-state legal orders (such as chiefs? courts) are officially recognised, or where quasistate legal orders (such as alternative dispute resolution mechanisms) are established....The report contributes to the discussions on plural legal orders in four ways: It identifies some important misunderstandings and false dichotomies that have made coherent discussion of plural legal orders particularly difficult (and which similarly undermine the understanding of how religious, indigenous, and gender rights actually interact). (Chapters I to IV) It sets out the human rights issues that need to be addressed in the context of plural legal orders. (Chapters V and VI) It examines some specific policy challenges, notably those that occur in the context of recognition of non-state legal orders; recognition of cultural diversity in law; and justice sector reforms. (Chapters VII to IX) It offers a practical approach ? some principles and a framework of questions ? that human rights advocates and policy-makers can use as a guide when they work in plural legal contexts. (Chapters X and XI)..."

Source/publisher: 

International Council for Human Rights Policy

Date of Publication: 

2009-00-00

Date of entry: 

2014-11-19

Grouping: 

  • Individual Documents

Category: 

Language: 

English

Local URL: 

Format: 

pdf

Size: 

794.55 KB