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The Culturalization of Human Rights Law$
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Federico Lenzerini

Print publication date: 2014

Print ISBN-13: 9780199664283

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199664283.001.0001

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Reconceptualizing International Human Rights Law Through a Culturally Based Approach

Reconceptualizing International Human Rights Law Through a Culturally Based Approach

International and Regional Practice

(p.116) 3 Reconceptualizing International Human Rights Law Through a Culturally Based Approach
The Culturalization of Human Rights Law

Federico Lenzerini

Oxford University Press

This chapter offers a comprehensive assessment of international practice—at both the ‘universal’ and regional level—confirming that today the cultural element represents a decisive factor in the context of the interpretation, adjudication, and enforcement of human rights standards. The crucial feature of relevant jurisprudence and other pertinent practice rests in the consideration of the cultural element as the parameter to be used in order to establish whether a human rights breach attained a specially qualified degree of gravity, or even—in many instances— whether such a breach did take place or not. Such an approach covers virtually all human rights standards, including the most fundamental ones. The said practice shows that the process of culturalization of human rights is today a reality determining the scope and content of international human rights law.

Keywords:   Culture, cultural rights, international practice, Human Rights Committee, Committee on Economic, Social and Cultural Rights, Committee on the Elimination of Racial Discrimination, Committee on the Rights of the Child, Inter-American Court of Human Rights, African Commission on Human and Peoples’ Rights, European Court of Human Rights

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