Cultural difference and economic disadvantage in regional human rights courts : an integrated view /

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Bibliographic Details
Author / Creator:David, Valeska, author.
Imprint:Cambridge, United Kingdom : Intersentia, [2020]
©2020
Description:1 online resource
Language:English
Subject:
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12597550
Hidden Bibliographic Details
ISBN:9781839700118
1839700114
9781780688336
1780688334
Notes:Includes bibliographical references and index.
Print version record.
Summary:"More and more people are turning to human rights courts to seek protection against prejudice, disadvantage or exclusion on account of their cultural and economic particularities. Human rights courts are thus increasingly faced with the difficult task of deciding these cases, which raise a number of complex and contested legal questions. To what extent can courts accommodate cultural diversity, protect all kinds of groups or interfere in socio-economic policy? This book argues that one of the problems encountered in dealing with such cases is the courts' tendency to assess them from a 'compartmentalised' or fragmentary perspective. To counterbalance this tendency, an innovative, integrated and person-centered approach to adjudicating claims of cultural difference and economic disadvantage is put forward. Drawing on the concepts of intersectionality, indivisibility and normative interdependence, the book presents specific notions and methods for approaching the appreciation of rights holders, harms and norms in a holistic manner. A wide selection of case law from both the European and the Inter-American courts of human rights supports the normative framework developed in this book. The sample mostly includes cases brought by Muslims, Roma, Travelers, indigenous peoples, Afro-descendants and people living in poverty"--
Other form:Original 9781780688336 1780688334