Abstract

ARIAS LOPEZ, Boris Wilson. The argumentative construction of the universality of human rights: dialog between cultures. Rev. IUS [online]. 2016, vol.10, n.37, pp.153-169. ISSN 1870-2147.

Indigenous justice that is constituted in this matter must respect the Constitution and Human Rights, which with respect to the latter are in general. Nevertheless, at the same time, the interpretation of the rules that create the constitutionality bloc must have an interpretation that permits pluralism; which means, it shelters different life plans that are culturally conditioned. The harmonization of the general and in this matter then is not given, but must be built by consensus through dialog and not violence. The current work makes reference to intercultural dialog, on which, in my view, the interpretation of rights must be carried out. This is because the decision of a legislator, official or judge must be developed and be of the citizens and the culture that a country actually has, who in essence are diverse; and not for the ideal citizens that a country would like to have.

To this effect, the duty of indigenous judges in Bolivia is to explain their penalty decisions, making them understandable, to the punished person, but also for the rest of the regular judges; because without this rationale, the entire intercultural dialog would be defeated.

Keywords : Intercultural interpretation; human rights; universalism.

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