Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-t5tsf Total loading time: 0 Render date: 2024-11-18T04:29:23.629Z Has data issue: false hasContentIssue false

Transitioning Toward Dignity

Published online by Cambridge University Press:  26 June 2019

Erin Daly
Affiliation:
Professor of Law at Delaware Law School and Co-Director of the Dignity Rights Project.
Get access

Summary

INTRODUCTION

While each country experiences conflict differently, develops unique mechanisms of transitional justice, and structures and empowers its truth commissions to suit its particular needs and capacities, the endpoints are Often similar: at least in their public commitments, countries invariably aspire to craft an inclusive society in which all citizens are engaged for the betterment of the individuals and communities that comprise the nation. This, it is presumed, will end violence and avoid its recurrence, and bring about lasting peace. These are, without a doubt, broad and ambitious goals, indicating deep transformations in statecraft, in the social fabric, and even in the psychology of the people. Thus, there is a link between how people feel about their society, how they engage in it, and the political and social spaces that both produce and result from that engagement. Human dignity, which has both individual psychological dimensions and relational social dimensions, links the personal and the political aims of transitional justice.

Often, the architects of transitional justice establish truth commissions for the stated purpose of moving toward the fulfilment of these goals. Truth commissions do not have the jurisdictional authority or the resources to accomplish any of these goals on their own, but they can galvanise institutions of the state and civil society to take action. They cannot draft constitutions and laws, but they can develop the framework for legal reform, identify the fundamental values that legal reform should embody, and identify the essential terms that legal reform should adopt. They typically do not have the authority to pay reparations, but they can identify the goals of a reparations programme and insist on its realisation according to a set timeframe. They cannot write a new curriculum, but they can frame the essential factual and historical accounts in a way that respects all legitimate perspectives and they can articulate the fundamental lessons of human rights to be inculcated. They cannot, on their own, define citizenship and nationhood, but they can reflect and embody the equal value of each person that demands respect for all. Truth commissions, then, have little power actually to make change, but they wield significant power to articulate the terms of debate and to create the framework in which social and political change will take place.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Transitioning Toward Dignity
    • By Erin Daly, Professor of Law at Delaware Law School and Co-Director of the Dignity Rights Project.
  • Edited by Jeremy Sarkin
  • Book: The Global Impact and Legacy of Truth Commissions
  • Online publication: 26 June 2019
  • Chapter DOI: https://doi.org/10.1017/9781780687957.008
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Transitioning Toward Dignity
    • By Erin Daly, Professor of Law at Delaware Law School and Co-Director of the Dignity Rights Project.
  • Edited by Jeremy Sarkin
  • Book: The Global Impact and Legacy of Truth Commissions
  • Online publication: 26 June 2019
  • Chapter DOI: https://doi.org/10.1017/9781780687957.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Transitioning Toward Dignity
    • By Erin Daly, Professor of Law at Delaware Law School and Co-Director of the Dignity Rights Project.
  • Edited by Jeremy Sarkin
  • Book: The Global Impact and Legacy of Truth Commissions
  • Online publication: 26 June 2019
  • Chapter DOI: https://doi.org/10.1017/9781780687957.008
Available formats
×