Who is the Human In International Human Rights Law?
This paper explores questions regarding the bearer of rights in international human rights law. Specifically, who is the human in human rights law? What constitutes the self in the concept of self-determination? I argue that the dominant interpretations of human rights in international law are informed by Western ideas of the human and the self as an atomistic individual whose political and civil rights reign supreme over other possible sets of rights. These Eurocentric notions of the individual do not exhaust what it means to be human and fail to capture the social, cultural and environmental dimensions of interdependent human existence. The paper seeks to complement and re-conceptualize visions of the human in international law by examining African legal scholarship on the group-centered individual and the 2007 UN Declaration on the Rights of Indigenous Peoples. This alternative lens not only checks the Eurocentric bias of international law, but also enables us to redefine the individual in relational terms and to articulate perspectives that emphasize social and ecological justice
Year of publication: |
2011
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Authors: | Ignatova, Jacqueline |
Publisher: |
[2011]: [S.l.] : SSRN |
Subject: | Menschenrechte | Human rights | Internationales Recht | International law | Welt | World |
Description of contents: | Abstract [papers.ssrn.com] |
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