HUMAN RIGHTS CULTURE AND/OR HUMAN RIGHTS IDEOLOGY – RHETORICS AND REALITIES Cover Image

КУЛТУРА И/ИЛИ ИДЕОЛОГИЈА ЉУДСКИХ ПРАВА – РЕТОРИКА И РЕАЛНОСТ
HUMAN RIGHTS CULTURE AND/OR HUMAN RIGHTS IDEOLOGY – RHETORICS AND REALITIES

Author(s): Jasminka Hasanbegović
Subject(s): Human Rights and Humanitarian Law, Sociology of Culture
Published by: Правни факултет Универзитета у Београду
Keywords: Human rights culture; Human rights ideology; Civic legal culture; Serbia; Unfounded normative optimism;

Summary/Abstract: This paper explains why it is difficult to differentiate between human rights culture and human rights ideology, as well as human rights rhetoric and human rights reality. The author argues that human rights culture must be approached differently than the ideal meaning of civic legal culture. To discover whether one legal order belongs to the civic or to the submissive legal culture, one must explore whether and to what extent, at least minimum standards set up in the Universal Declaration are realized. On the other hand, a nuanced approach to different legal cultures includes both an analysis of the factual state of affairs and normative solutions, as well as the influence of political, religious and legal tradition. The author believes that the investigation of the factual state of affairs is important because the human rights culture today encompasses the minority rights culture, too.

  • Issue Year: 57/2009
  • Issue No: 4
  • Page Range: 81-92
  • Page Count: 12
  • Language: Serbian