‘Cultural Fractures’ - ‘Legal Therapies’. Religious Courts and Human Rights in a Intercultural Perspective

Journal title DIRITTI UMANI E DIRITTO INTERNAZIONALE
Author/s Giancarlo Anello
Publishing Year 2011 Issue 2011/3 Language Italian
Pages 25 P. 482-506 File size 262 KB
DOI 10.3280/DUDI2011-003002
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In account of the claims of numerous muslim associations to adopt particular rules of the Islamic Law in alternative dispute resolution proceedings, new processes of emergence of religious law are going on in western multicultural countries, as Canada and Britain. The paper deals with those subjects, trying to answer to a twofold question: on one hand, we may wonder whether this type of accomodation’s strategy may be considered as politically contingent or as a consequences of the particular nature of the instances at stake, namely religious and cultural-specific ones. On the other hand, we may ask whether those kind of legal differentiations may be consistent with human rights framework.

Giancarlo Anello, ‘Fratture culturali’ e ‘terapie giuridiche’. Giurisdizioni religiose e diritti umani in una prospettiva interculturale in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 3/2011, pp 482-506, DOI: 10.3280/DUDI2011-003002