Human Rights: Universality and Diversity

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Martinus Nijhoff Publishers, 15.05.2001 - 574 Seiten
Human rights are by definition universal. Yet in a world characterized by enormous diversity, there is no consensus about the implications of the universality of human rights. In several regions of the world, human rights conceptions are promoted that challenge the mainstream, largely Western-dominated discourse on this subject. This volume offers an analysis of context-specific human rights discourses from East Asia, Subsaharan Africa and the Muslim World. Rather than interpreting these as threats to universality, the author examines how and to what extent the claims that are advanced can and should be accommodated in order to further the universality of human rights. A theory of 'inclusive universality' is developed, and its implications are translated into legal techniques. On the one hand, there are 'flexibility' techniques, allowing for contextual diversity in the interpretation and application of human rights norms. On the other hand, giving credit to non-Western views also implies that there should be room for 'transformation' of those human rights norms
 

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Inhalt

GENERAL INTRODUCTION
1
Historical Origin
7
J Human Rights as a Legitimate Concern of the International Community
13
B The Universal Declaration of Human Rights and Subsequent Evolution
20
An Analysis of NonWestern Human Rights Claims
27
Asian Human Rights Claims
33
Interpretation
80
Attitude Towards the Universality of Human Rights
88
Further Marking Out Inclusive Universality
323
Summing Up
338
B Contextual Diversity in the Consideration of Human Rights Reports
345
Margin of Appreciation
357
and Restriction Grounds
365
General Notions
393
Transformation
423
More Duties?
432

Interpretation
178
Apologetic Discourse
202
Human Rights
208
Islamic Declarations of Human Rights
241
Islamic Reservations to Human Rights Conventions
267
Interpretation
285
Some Common Conclusions
291
of Mothers and Sisters
300
G Accommodating Particularities
314
Economic and Social Rights and the Right to Development
442
of Economic and Social Rights
462
Implementation of
474
Perspectives from Inclusive Universality
485
Conclusion on Legal Techniques for the Accommodation of Diversity
495
Transformation
501
GENERAL CONCLUSION
509
BIBLIOGRAPHY
517
Urheberrecht

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