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DEREK FUTAIASI

Joined: Jun 2, 2006
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Country: Solomon Islands
Province/State: Malaita
Human Rights and Custom
October 7, 2007 - 01:17 AM

In Solomon Islands, human rights is entrenched in the Constitution. Thus, if there is any conflict between human rights and custom, the general rule is that human rights will always prevail.

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Becky

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Country: United States
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Re: Human Rights and Custom
October 7, 2007 - 09:39 PM

Can you give an example of this? It seems like often what is written in constitutions and what is actually practiced are two vastly different things. For example, although the US Constitution claims "all men are created equal" we all know that even today, sometimes that is not upheld in the real world (look at the Jena 6 controversy).


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DEREK FUTAIASI

Joined: Jun 2, 2006
Posts: 2
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Gender & Age: Male, 27
Country: Solomon Islands
Province/State: Malaita
Re: Human Rights and Custom
October 10, 2007 - 09:35 AM

Please do check this http://www.paclii.org/sb/cases/SBCA/1986/1.html

The above case is a Solomon Islands case which deals with the conflict between human rights and custom.


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DEREK FUTAIASI

Joined: Jun 2, 2006
Posts: 2
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Gender & Age: Male, 27
Country: Solomon Islands
Province/State: Malaita
Re: Human Rights and Custom
October 10, 2007 - 09:37 AM

If you are interested I will keep you inform of the standpoints from other countries in the Pacific as to the relationship between human rights and custom.


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Becky

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Gender & Age: Female, 32
Country: United States
Province/State: Michigan
City: Midland
Re: Human Rights and Custom
October 11, 2007 - 08:17 PM

Yes, please keep me informed. I should find that to be interesting. Thanks smile


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DEREK FUTAIASI

Joined: Jun 2, 2006
Posts: 2
Poster Rank: Tongue-tied
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Gender & Age: Male, 27
Country: Solomon Islands
Province/State: Malaita
Re: Human Rights and Custom
November 7, 2007 - 05:34 AM

rschack,

Plis visit this URLhttp://paclii.org.vu/journals/fJSPL/vol09no2/8.shtml

The title of this article is:

"WHEN UNWRITTEN CUSTOMARY AUTHORITY OVERRIDES THE LEGAL EFFECT OF CONSTITUTIONAL RIGHTS: A CRITICAL REVIEW OF THE TUVALUAN DECISION IN MASE TEONEA V. PULE O KAUPULE & ANOTHER". It is published in the Journal of South Pacific Law, University of the South Pacific.


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DEREK FUTAIASI

Joined: Jun 2, 2006
Posts: 2
Poster Rank: Tongue-tied
User is Offline

Gender & Age: Male, 27
Country: Solomon Islands
Province/State: Malaita
Re: Human Rights and Custom
November 7, 2007 - 06:24 AM

Plis also visit this URL http://www.vanuatu.usp.ac.fj/sol%5Fadobe%5Fdocuments/usponly/pacificlaw/corrin.htm

If u find it a little bit hard to get through plis, you are most welcomed to email mi via my student email. My student email is s11007354@student.usp.ac.fj or use my gmail which is dfutaiasi@gmail.com

thanks...hope to hear from u soon.


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