This collection examines the role and value of domestic rights instruments in
divided and post-conflict societies, approaching the subject from a comparative
and theoretical perspective.
Societies emerging from violent conflict often opt for a bill of rights as part of
a wider package of constitutional reform. Where conflict is fuelled by longstanding
ethno-national divisions, these divisions are often addressed through
group-differentiated rights. Recent constitutional settlements have highlighted
the difficulties in drafting a bill of rights in divided/post-conflict societies, where
the aim of promoting unity is frequently in tension with the need to accommodate
difference. Similar controversies continue to play out in Bosnia-Herzegovina
and Northern Ireland. In such cases, a bill of rights might be a rallying point
around which both minorities and the majority can articulate a common vision
for a shared society. Conversely, a bill of rights might provide merely another
venue in which to play out familiar conflicts, further dividing an already divided
society.
The central questions that animate the collection are: (1) Can constitutional
rights provide a basis for unity and a common ‘human rights culture’ in divided
societies? If so, how? (2) To what extent should divided societies opt for a universalistic
package of rights protections, or should the rights be tailored to the
specific circumstances of a divided society, providing for special group-sensitive
protections for minorities? (3) How does the judiciary figure in the management
or resolution of ethno-national conflict? (4) What are the general theoretical
and philosophical issues at stake in a rights-based approach to the management
or resolution of ethno-national conflict?