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DEREK FUTAIASI
Joined: Jun 2, 2006
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Country: Solomon Islands Province/State: Malaita
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Human Rights and Custom
October 7, 2007 - 01:17 AM
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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
Joined: May 9, 2006
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Country: United States
Province/State: Michigan City: Midland
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Re: Human Rights and Custom
October 7, 2007 - 09:39 PM
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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
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Re: Human Rights and Custom
October 10, 2007 - 09:35 AM
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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
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Re: Human Rights and Custom
October 10, 2007 - 09:37 AM
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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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Re: Human Rights and Custom
October 11, 2007 - 08:17 PM
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Yes, please keep me informed. I should find that to be interesting. Thanks 
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DEREK FUTAIASI
Joined: Jun 2, 2006
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Country: Solomon Islands
Province/State: Malaita
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Re: Human Rights and Custom
November 7, 2007 - 05:34 AM
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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
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Country: Solomon Islands
Province/State: Malaita
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Re: Human Rights and Custom
November 7, 2007 - 06:24 AM
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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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