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Law, Jurisprudence and Human Rights in Asia
Decades of human rights standard-setting in the United Nations (UN) have not countered the misconception of human rights as “alien” or “abstract” ideas. A three-country survey of human rights awareness of Asian students found that teen-age students had a sense of what human rights meant but could not say exactly what they were.1 Some Asian governments portray the idea of human rights as in conflict with the cultures in the region, or at least a luxury to be enjoyed under conditions that do not yet exist. A debate on whether the realization of human rights depended on a particular set of conditions (such as a certain “standard of living and level of economic development,” or a “stable system of government and a body of public officials discharging their duties with fairness and impartiality”) had already existed in the 1960. The debate largely ignores the laws and court decisions in various countries in Asia that uphold human rights.3 The varied histories of Asian law and jurisprudence provide a rich resource in determining the extent of development of legal principles and jurisprudence that support human rights or directly invoke them. Many Asian Constitutions contain human rights principles that should guide laws and jurisprudence.4
But which laws and court decisions support human rights? How did they come about? What role did the people affected by human rights violations play in the enactment and implementation of these laws? What are the challenges in bolstering this nascent compliance with international human rights standards in Asia?
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