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Vol 23 No 5 May/June 2018

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Human Rights

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ISBN13: 9789041116185
ISBN: 9041116184
Published: April 2001
Publisher: Brill Academic Publishers
Format: Hardback
Price: £214.00

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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, Sub-Saharan 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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General Introduction. Part One: Human Rights and the Universality Principle. I. Universality Concepts. II. Brief History of the Universality of Human Rights. Part Two: An Analysis of Non-Western Human Rights Claims. I. Introduction. II. Asian Human Rights Claims. III. African Human Rights Views. IV. Islam and Human Rights Views. V. Some Common Conclusions. Part Three: Inclusive universality. I. Introduction. II. Upholding the Ideal of the Universality of Human Rights. III. Necessary Consequences of the Universality of Human Rights: Toward Inclusive Universality. IV. Further Marking Out Inclusive Universality. V. Summing Up. Part Four: Legal Techniques for the Accommodation of Diversity. I. Introduction. II. Flexibility. III. Transformation. IV. Conclusion on Legal Techniques for the Accommodation of Diversity. General Conclusion. Bibliography. Index.