A aussi une version électronique en ligne et en accès libre.

Bibliography p. 157-176.

I. Plural legal orders: premises, definition and contexts. 1. Premises: where we start. 2. Plural legal orders: what are they ? 3. Policies and contexts that give rise to plural legal orders. II. Going beyond common presumptions about law, culture and human rights. 1. The limits and power of law. 2. The relationship between cultural differences and law. 3. Speaking about human rights and culture. III. Human rights standards and plural legal orders. 1. Legal plurality in human rights texts and mechanisms. 2. Key issues arising from international standards on plural legal orders. IV. Understanding non-state legal orders. 1. Characterising non-state legal orders. 2. The complex relationship between the state and non-state legal orders. 3. Challenges to presumptions about the demand for non-state legal orders. 4. Unpacking non-state legal orders: revisiting popular generalisations. V. Family laws -- a case study of plural legal orders. 1. Weaknesses in standard-setting. 2. The relevance of plural legal orders to family law. 3. The impact of plural legal orders in family law matters. VI. Human rights impacts of plural legal orders. 1. Discrimination and inequality in law. 2. Implications for freedom of religion and belief. 3. Jurisdictional confusion, impunity and lack of accountability. 4. Undermining access to justice and diluting due process. 5. Obstacles to effective development of minority rights. 6. Reinforcement of socio-economic inequalities. 7. The political implications of legal plurality. VII. Plurality and the role of the state. 1. Recognition, incorporation and decentralisation: terms and meanings. 2. Dilemmas and conceptual challenges. VIII. Cultural diversity, plural legal orders and justice. 1. Multiculturalism and the challenges of cultural diversity. 2. Cultural diversity, group rights and individual rights. 3. Regulating religious arbitration in family law matters. IX. An assessment of justice sector reform. 1. Interests underlying the promotion of non-state legal orders. 2. Inadequate research and analysis. 3. Inconsistent adherence to human rights principles and standards. 4. Lack of consultation and meaningful local participation. 5. Planning, implementation, monitoring and evaluating legal reform projects. X. Developing a human rights approach to plural legal orders. 1. The scope for using existing human rights standards. 2. The scope for further development of human rights standards. XI. A framework for human rights policy and advocacy. 1. How to use the framework. 2. The framework

4e de couv.: This report highlights human rights impacts and dilemmas associated with plural state and non-state laws, such as family laws based on religion, customary justice practices and Alternative Dispute Resolution mechanisms. Drawing on examples of such plural legal orders from around the world, it proposes principles and a framework to guide human rights practitioners and policy-makers. The report also identifies challenges related to incorporation of non-state law in state law, recognition of cultural differences in law, and justice sector reform. Emphasising the contested nature of culture, especially when dealing with gender equality, religious freedom and indigenous peoples' rights, it calls for evidence-based assessments of plural legal orders that give special attention to people on the margins of state and non-state law, and equality between and within communities.