par Naftali, Patricia 
Editeur scientifique French, Matthew;Jackson, Simon;Jokisuu, Elina
Référence Diverse Engagement, Drawing in the Margins, Cambridge University, Cambridge, Ed. 2, page (118-127)
Publication Publié, 2010
Editeur scientifique French, Matthew;Jackson, Simon;Jokisuu, Elina
Référence Diverse Engagement, Drawing in the Margins, Cambridge University, Cambridge, Ed. 2, page (118-127)
Publication Publié, 2010
Partie d'ouvrage collectif
| Résumé : | While historians, philosophers and legal scholars have long debated the distinction between historical and judicial truth, it may come as a surprise that a “right to truth” has recently emerged in international law in the context of serious atrocities. After three decades of struggle, victims’ advocates have recently gained momentum with the 2006 United Nations’ unprecedented adoption of a treaty on enforced disappearances that expressly recognizes their “right to know the truth” about what happened. This legal innovation raises the question how victims’ groups came to successfully voice their claims to the world community. However, positivist legal scholarship traditionally overlooks the social dynamics by which norms emerge, thereby failing to account for how moral and political claims migrate from the margins to become express legal norms. Through the case study of the right to truth, this paper traces an itinerary from its local formulation and reception, to its international recognition, to illustrate how a socio-legal perspective might enrich our understanding of the creation of human rights norms, by uncovering the role of grassroots movements and transnational advocacy strategies, discursive mobilizations and professional trajectories or biographies. It explores the role of non-state actors in formulating novel human rights claims, the importance of moral and cultural resonance in issue-framing, and the ongoing dialogues between the local, regional and international spheres. |
