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Edited by René Kuppe and Richard Potz

The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject.
Volume 10 of Law & Anthropology includes eight studies that discuss various forms in which the rights of indigenous people are violated.
Topics include: the way in which the seemingly neutral criminal justice system of Canada discriminates against aboriginal people; the fact that land rights issues of indigenous peoples cannot be separated from political rights; the conceptual differences between the human rights concepts underlying the modern international system, and the concepts behind human rights as these are understood in the Guatemalan Highlands; and the relationship between the rights of indigenous peoples and upcoming new standards of environmental law.

Samantha Bradley

addition to access to ‘broader victim empowerment strategies’ such as educational and re-training opportunities. 127 Psychological support for victims ‘must be tailored toward specific contexts where one-on-one counseling may not be appropriate compared to traditional healing rituals…’ 128

Teppei Ono

evidence to the court instead of taking pictures in the visiting room, the injury suffered by the inmate might have healed before the court formally issues the order, or the court staff might fail to observe the symptoms of mental illness even if they visit and see the inmate with a formal warrant


Patricia B. Hayner. Unspeakable Truths: Confronting State Terror and Atrocity, Routledge, New York and London 2001. Ruti Teitel. Transitional Justice, Oxford and New York, Oxford University Press, 2000.

Siri Gloppen

consolidation? Does it require retributive justice - accountability and punishment for the perpetrators? Or is it prudent to bury the past through public amnesia - relying on time to heal the wounds, and structural reforms to prevent recurrence? Should priority be given to bringing the truth about past

Kees Homan

. He concludes that the Bulgarian Chairmanship inherited an OSCE plagued by crisis and passed it on unchanged. While there was no shortage of activity, the Bulgarian Chairmanship never believed that the OSCE could be healed. For the second time in a row the participating States were unable to agree

Recent Developments

Human Rights, Positive Obligations and Domestic Violence: Kalucza v Hungary in the European Court of Human Rights

Patricia Londono

by the applicant’; she was convicted of disorderly conduct and released on parole. 12 Other medical reports revealed ‘contusions, mostly on the applicant’s head, face, chest and neck, with an expected healing time of eight to ten days’. 13 One of these reports, that of 25th June 2007, revealed

Rehabilitation and the Right to Health in Times of Transition

Are Administrative Reparations Programmes Doing Enough to Redress Violations of the Right to Health?

Judith Bueno de Mesquita, Gen Sander and Paul Hunt

. 60 Fourthly, health-related rehabilitation measures must be evidence-based, and culturally appropriate. Studies have shown that for healing to occur, treatment cannot take place in the abstract but must be related to local agendas, capacities and strategies; 61 in other words, it must be

Elizabeth Lira

happened to them. Individual reparation and social reparation were complementary. In these cases, the therapeutic experience developed under the dictatorship demonstrated that it was not possible to achieve a complete personal healing without public recognition of wrongs and offenses. This approach

Ljubivoje Acimovic

, could have a healing effect. It is evident that Yugoslavia's return to the OSCE does not come down to the mere lifting of the suspension, and that it is a much more complex operation, contingent on many different factors.

and inaccurate appreciation of reality. 36 We want to say that the period which passed since the events of December 1989 has been too short for the Romanian people to let the very deep and painful wounds heal and to forget those who provoked it with so much cruelty. And those are the ones for whom