Plurality and Diversity in Law: The Human Rights Paradigm

Diversity and plurality are widely discussed in the contemporary human rights debate, and this book provides a better understanding of those two concepts by analyzing the legal systems of 23 countries and two regional human rights systems. It highlights two major elements: the majority of national legal orders are based on the principles of political liberalism, but multiple socio-historical constraints continue to weigh on the States. The power of the liberal foundation of the States generates two bold consequences: the neutrality of the State and the protection of the rights and freedoms of the individual and collective. Despite the adoption of constitutions with liberal values, some States are still strongly attached to their habits and customs, which can be considered a priori to belong to another age.

Format: Hardback
Length: 880 pages
Publication date: 26 March 2023
Publisher: Intersentia Ltd

Diversity and plurality are central themes in the contemporary discourse on human rights, occurring in diverse contexts across Africa, Asia, and Europe. This comprehensive book delves into these concepts by examining the legal systems of 23 countries and two regional human rights systems: the European and Inter-American Systems. It identifies two significant elements. Firstly, it establishes that political liberalism forms the foundation of most national legal orders, with its power being widely acknowledged. Secondly, despite this, various socio-historical constraints persist, making it challenging for some states to overcome the legacies of past atrocities.

Beyond the legal realm, it becomes essential to assess the practicality and limitations of the legal mechanism in effecting profound societal transformation, particularly in societies divided by colonization or conflict. The power of the liberal foundation of states yields two significant consequences. Firstly, it ensures state neutrality, promoting fairness and impartiality. Secondly, it safeguards the rights and freedoms of individuals and communities, fostering a sense of justice and equality.

In contemporary constitutional structures, the rights of human beings, including those of various groups, occupy a central position. While the forms of protection may vary across countries due to their legal cultures, their centrality is undeniable, as evidenced by the vectors of dignity and equality that prohibit all forms of discrimination. The weight of history also contributes to the existence of significant differences in democratic ideals, the importance attributed to specific religions or customs, and the overall vision of society.

This book offers valuable insights into the complex interplay between diversity, plurality, and human rights, shedding light on the challenges and opportunities faced by nations in upholding and promoting these fundamental values. It serves as a valuable resource for scholars, policymakers, and activists seeking to understand the dynamics of human rights in a globalized world.

Weight: 1542g
Dimension: 177 x 253 x 50 (mm)
ISBN-13: 9781839703133