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Legal pluralism as a human right and/or as a human rights violation

Eva Brems (UGent)
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Organization
Abstract
INTERNATIONAL HUMAN RIGHTS law can be analysed in terms of legal pluralism. In public opinion, ‘ human rights ’ are often portrayed as a clear and homogenous concept. Yet those who work in the field of human rights know that the reality is very different. A seemingly simple question such as ‘ show me the list of all human rights ’ or ‘ draft me a list of all human rights ’ is certain to generate as many different lists as there are human rights experts. Indeed, there is no such thing as a single human rights catalogue. Instead, human rights are found in a multitude of highly diverse sources. Even if we leave aside domestic legal sources and focus only on international human rights law, we are dealing with a complex, multilayered reality. The sources and mechanisms of international human rights law can be differentiated along several lines.
Keywords
Human Rights, International Law, Diversity, Legal Pluralism

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Chicago
Brems, Eva. 2017. “Legal Pluralism as a Human Right And/or as a Human Rights Violation.” In Human Rights Encounter Legal Pluralism : Normative and Empirical Approaches, ed. Giselle Corradi, Eva Brems, and Mark Goodale, 23–39. Oxford / Portland: Hart Publishing.
APA
Brems, Eva. (2017). Legal pluralism as a human right and/or as a human rights violation. In G. Corradi, E. Brems, & M. Goodale (Eds.), Human Rights encounter legal pluralism : normative and empirical approaches (pp. 23–39). Oxford / Portland: Hart Publishing.
Vancouver
1.
Brems E. Legal pluralism as a human right and/or as a human rights violation. In: Corradi G, Brems E, Goodale M, editors. Human Rights encounter legal pluralism : normative and empirical approaches. Oxford / Portland: Hart Publishing; 2017. p. 23–39.
MLA
Brems, Eva. “Legal Pluralism as a Human Right And/or as a Human Rights Violation.” Human Rights Encounter Legal Pluralism : Normative and Empirical Approaches. Ed. Giselle Corradi, Eva Brems, & Mark Goodale. Oxford / Portland: Hart Publishing, 2017. 23–39. Print.
@incollection{8523020,
  abstract     = {INTERNATIONAL HUMAN RIGHTS law can be analysed in terms of legal pluralism. In public opinion, {\textquoteleft} human rights {\textquoteright} are often portrayed as a clear and homogenous concept. Yet those who work in the field of human rights know that the reality is very different. A seemingly simple question such as {\textquoteleft} show me the list of all human rights {\textquoteright} or {\textquoteleft} draft me a list of all human rights {\textquoteright} is certain to generate as many different lists as there are human rights experts. Indeed, there is no such thing as a single human rights catalogue. Instead, human rights are found in a multitude of highly diverse sources. Even if we leave aside domestic legal sources and focus only on international human rights law, we are dealing with a complex, multilayered reality. The sources and mechanisms of international human rights law can be differentiated along several lines. },
  author       = {Brems, Eva},
  booktitle    = {Human Rights encounter legal pluralism : normative and empirical approaches},
  editor       = {Corradi, Giselle and Brems, Eva and Goodale, Mark},
  isbn         = {9781849467612},
  keyword      = {Human Rights,International Law,Diversity,Legal Pluralism},
  language     = {eng},
  pages        = {23--39},
  publisher    = {Hart Publishing},
  series       = {O{\~n}ati International Series in Law and Society},
  title        = {Legal pluralism as a human right and/or as a human rights violation},
  year         = {2017},
}