
Contents
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3.1 Culture and Human Rights: A Tricky, Indissoluble Relationship 3.1 Culture and Human Rights: A Tricky, Indissoluble Relationship
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3.2 Culturally based Approach to Human Rights in International Legal Instruments 3.2 Culturally based Approach to Human Rights in International Legal Instruments
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3.3 Culturally based Approach to International Human Rights Law in International Practice 3.3 Culturally based Approach to International Human Rights Law in International Practice
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A. Prologue A. Prologue
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B. The practice of the Human Rights Committee B. The practice of the Human Rights Committee
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C. The practice of the other UN committees C. The practice of the other UN committees
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D. An endorsement by the International Court of Justice D. An endorsement by the International Court of Justice
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E. Additional relevant international practice E. Additional relevant international practice
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3.4 Culturally based Approach to International Human Rights Law in Regional Practice 3.4 Culturally based Approach to International Human Rights Law in Regional Practice
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A. The Inter-American human rights system A. The Inter-American human rights system
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B. The African human rights system B. The African human rights system
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C. The European human rights system C. The European human rights system
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3.5 Closing Synopsis 3.5 Closing Synopsis
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3 Reconceptualizing International Human Rights Law Through a Culturally Based Approach: International and Regional Practice
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Published:February 2014
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Abstract
This chapter offers a comprehensive assessment of international practice—at both the ‘universal’ and regional level—confirming that today the cultural element represents a decisive factor in the context of the interpretation, adjudication, and enforcement of human rights standards. The crucial feature of relevant jurisprudence and other pertinent practice rests in the consideration of the cultural element as the parameter to be used in order to establish whether a human rights breach attained a specially qualified degree of gravity, or even—in many instances— whether such a breach did take place or not. Such an approach covers virtually all human rights standards, including the most fundamental ones. The said practice shows that the process of culturalization of human rights is today a reality determining the scope and content of international human rights law.
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