Editorial
| Published date | 01 December 1998 |
| Date | 01 December 1998 |
| DOI | http://doi.org/10.1177/135822919800300301 |
International
Journal
of
Discrimination
and
the
Law,
1998,
Vol.
3,
pp.
157-158
1358-2291/98
$10
©
1998
A B Academic Publishers. Printed
in
Great Britain
EDITORIAL
In the light
of
the crisis in Southern Sudan, it is timely in this issue
to reconsider the implications
of
Western rights discourse in relation
to the developing world. Satvinder Juss argues that rights debates
have focused
on
civil and political rights when
it
is third generation
rights
of
communal solidarity and national development which are
of
paramount importance. Although he focuses on Africa, his arguments
are applicable to developing countries at large. He argues that rights
discourse is ideologically driven and that talking
of
rights as first,
second
or
third generation is damaging to the developing world. The
right to development by a community is one
of
the most basic rights
and a fundamental right without which all other rights are in jeop-
ardy.
Western jurisprudential rights discourse is based
on
the concept
of
the autonomous abstract individual rather than communitarian
rights which, he argues, raises problems when applied to Africa. He
charts the development
of
international law
of
human rights, which
he sees as Eurocentric and highlights problems with the inherent
individualism
of
human rights discourse.
But the problems with Western rights discourse arise even when
applied to the European context as Katinka Ltinnemann shows. She
considers the problems facing survivors
of
domestic violence in the
Netherlands, particularly the limitations
of
criminal law and proced-
ure. She highlights the law's failure to recognise
women's
right to
privacy as an active right as part
of
the concept
of
liberty
or
to
recognise issues
of
power. Procedures are outlined and reviewed and
proposals for improvement are made.
Although the problem
of
domestic violence has been taken more
seriously since the 1980s, women still face problems when seeking
protection from the police from domestic violence. She examines the
way in which legal definitions
of
assault and criminal damage are
interpreted in the context
of
domestic violence. She considers ways
in which the protection by the criminal law could
be
enhanced.
Christopher McCrudden examines the approach to equality law
in Europe. He scrutinises the key provisions
of
European equality
law and how they are enforced. The principles underlying the remed-
ies for breaches
of
European equality law are examined. Possible fac-
tors influencing the future
of
equality law in Europe are considered
as well as the impact
of
the expansion
of
the Community and
globalisation.
Kate Paradine considers the implications
of
Farah v Commis-
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