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Human Rights and Violence Against Women in India: Paradoxes in Formal Versus Informal Justice

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Abstract:

Drawing upon preliminary insights deriving from new empirical research in 4 regions in India this paper examines the permeation of international human rights norms, such as those enshrined in CEDAW, in lower courts versus informal justice mechanisms (lok adalats, panchayats & in-court mediations) in cases involving human rights violations of violence against women. In particular, I examine through actors’ understandings and experiences (victims, accused, [legal]representatives, judges/mediators) actors’ perceptions of the relevance of human rights to these cases and their resolution. The findings inform the norm diffusion literature (Risse et al, 1999) as well as the debate on universalism versus cultural relativism, and provide a critique on the boundaries created both between formal and informal justice as well as between ratified international law and the permeation of international human rights norms in case processing at grass roots levels.
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Relis, Tamara. "Human Rights and Violence Against Women in India: Paradoxes in Formal Versus Informal Justice" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 24, 2007 <Not Available>. 2013-12-15 <http://citation.allacademic.com/meta/p175910_index.html>

APA Citation:

Relis, T. , 2007-07-24 "Human Rights and Violence Against Women in India: Paradoxes in Formal Versus Informal Justice" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-12-15 from http://citation.allacademic.com/meta/p175910_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Drawing upon preliminary insights deriving from new empirical research in 4 regions in India this paper examines the permeation of international human rights norms, such as those enshrined in CEDAW, in lower courts versus informal justice mechanisms (lok adalats, panchayats & in-court mediations) in cases involving human rights violations of violence against women. In particular, I examine through actors’ understandings and experiences (victims, accused, [legal]representatives, judges/mediators) actors’ perceptions of the relevance of human rights to these cases and their resolution. The findings inform the norm diffusion literature (Risse et al, 1999) as well as the debate on universalism versus cultural relativism, and provide a critique on the boundaries created both between formal and informal justice as well as between ratified international law and the permeation of international human rights norms in case processing at grass roots levels.

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