Paper Title
Pluralism and Tolerance Through Human Rights as an International View
Abstract
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. Emphasizing 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. It is claimed that freedom of expression is not absolute due to state-driven containing factors –
“implied limitations”. Ideals and values of a democratic society should be based on dialogue and compromise of both the
state and the citizens. Mission of the state consists in determination of “game rules” which allow it to act as a guarantor of
principles of pluralism and tolerance towards the parties to the conflict.
Keywords- Human Rights, Pluralism, Tolerance