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Crossing divides and seeing the whole : an integrated view of cultural difference and economic disadvantage in regional human rights courts

(2018)
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(UGent)
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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:

Chicago
David Contreras, Valeska. 2018. “Crossing Divides and Seeing the Whole : an Integrated View of Cultural Difference and Economic Disadvantage in Regional Human Rights Courts”. Gent: Universiteit Gent.
APA
David Contreras, V. (2018). Crossing divides and seeing the whole : an integrated view of cultural difference and economic disadvantage in regional human rights courts. Universiteit Gent, Gent.
Vancouver
1.
David Contreras V. Crossing divides and seeing the whole : an integrated view of cultural difference and economic disadvantage in regional human rights courts. [Gent]: Universiteit Gent; 2018.
MLA
David Contreras, Valeska. “Crossing Divides and Seeing the Whole : an Integrated View of Cultural Difference and Economic Disadvantage in Regional Human Rights Courts.” 2018 : n. pag. Print.
@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},
  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},
}