Crossing divides and seeing the whole : an integrated view of cultural difference and economic disadvantage in regional human rights courts
(2018)
- Author
- Valeska Marcela David Contreras (UGent)
- Promoter
- Eva Brems (UGent)
- Organization
- Abstract
- Rights claims of cultural difference, on the one hand, and of economic disadvantage, on the other, raise difficult legal questions. In light of the challenges they pose to human rights courts and litigants, the research critically assesses the ‘compartmentalised’ legal thinking through which they tend to be presented and decided. This refers to a line of reasoning that cuts off or puts into ‘boxes’ several aspects of the rights holders and the norms involved in the cases under examination, but which in real life are interrelated. Several normative and practical factors appear to feed this fragmentary approach to typical ‘cultural’ and ‘economic’ complaints. However, adopting a more ‘integrated’ normative view seems possible and desirable. Reviewing more than 200 cases from the European and the Inter-American Courts of Human Rights, the PhD explores how to look at rights holders and legal frameworks more holistically and what opportunities and challenges this brings along.
- Keywords
- Integration, Fragmentation, Intersectionality, European Court of Human Rights, Inter-American Court of Human Rights, Cultural difference, Economic disadvantage, Compartmentalisation, Indivisibility, Interdependence
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-8560487
- MLA
- David Contreras, Valeska Marcela. Crossing Divides and Seeing the Whole : An Integrated View of Cultural Difference and Economic Disadvantage in Regional Human Rights Courts. Universiteit Gent, 2018.
- APA
- David Contreras, V. M. (2018). Crossing divides and seeing the whole : an integrated view of cultural difference and economic disadvantage in regional human rights courts. Universiteit Gent, Gent.
- Chicago author-date
- David Contreras, Valeska Marcela. 2018. “Crossing Divides and Seeing the Whole : An Integrated View of Cultural Difference and Economic Disadvantage in Regional Human Rights Courts.” Gent: Universiteit Gent.
- Chicago author-date (all authors)
- David Contreras, Valeska Marcela. 2018. “Crossing Divides and Seeing the Whole : An Integrated View of Cultural Difference and Economic Disadvantage in Regional Human Rights Courts.” Gent: Universiteit Gent.
- Vancouver
- 1.David Contreras VM. Crossing divides and seeing the whole : an integrated view of cultural difference and economic disadvantage in regional human rights courts. [Gent]: Universiteit Gent; 2018.
- IEEE
- [1]V. M. David Contreras, “Crossing divides and seeing the whole : an integrated view of cultural difference and economic disadvantage in regional human rights courts,” Universiteit Gent, Gent, 2018.
@phdthesis{8560487, abstract = {{Rights claims of cultural difference, on the one hand, and of economic disadvantage, on the other, raise difficult legal questions. In light of the challenges they pose to human rights courts and litigants, the research critically assesses the ‘compartmentalised’ legal thinking through which they tend to be presented and decided. This refers to a line of reasoning that cuts off or puts into ‘boxes’ several aspects of the rights holders and the norms involved in the cases under examination, but which in real life are interrelated. Several normative and practical factors appear to feed this fragmentary approach to typical ‘cultural’ and ‘economic’ complaints. However, adopting a more ‘integrated’ normative view seems possible and desirable. Reviewing more than 200 cases from the European and the Inter-American Courts of Human Rights, the PhD explores how to look at rights holders and legal frameworks more holistically and what opportunities and challenges this brings along.}}, author = {{David Contreras, Valeska Marcela}}, keywords = {{Integration,Fragmentation,Intersectionality,European Court of Human Rights,Inter-American Court of Human Rights,Cultural difference,Economic disadvantage,Compartmentalisation,Indivisibility,Interdependence}}, language = {{eng}}, pages = {{IX,380}}, publisher = {{Universiteit Gent}}, school = {{Ghent University}}, title = {{Crossing divides and seeing the whole : an integrated view of cultural difference and economic disadvantage in regional human rights courts}}, year = {{2018}}, }