What role can and do nonstate justice systems play in aiding or impeding states in fulfilling their obligations regarding women’s access to justice under international human rights law? A case study of the Kyrgyz Republic.
Year: 2026
Type: dissertation
Abstract: The majority of interpersonal disputes in developing countries continue to be resolved at nonstate justice institutions (locally-based forums that comprise customary courts, religious leaders, village councils, courts of elders, or kinship groups), resulting in a widespread phenomenon in which human rights are formally protected by international and national laws, yet people bring disputes before grassroots bodies that largely operate outside of those formal legal structures. In this thesis, I critically examine the role nonstate justice systems play in aiding or impeding states in meeting their obligations under international human rights law, specifically regarding women’s access to justice. First, I examine the nature and scope of the obligations that international human rights law imposes on states with plural legal systems, structured around the Respect-Protect-Fulfil paradigm. Analysis demonstrates that international human rights law obliges states to take an active role in ensuring that nonstate legal actors, institutions and norms operational in their jurisdiction do not violate human rights. Furthermore, states may be held responsible under international law for the conduct of nonstate justice-sector personnel; while in other contexts, they may be required to facilitate the maintenance of nonstate justice institutions. Next, I explore this issue in relation to one case study, namely the Kyrgyz Republic. Based on data collected during semi-structured interviews with expert participants, I analyse the efficacy of the plural legal system in guaranteeing comprehensive realisation of the right of women to access justice, structured according to the Respect-Protect-Fulfil paradigm, and consider potential avenues and strategies for meaningful advancement for women’s rights in the Kyrgyz Republic. Understanding the multifaceted role of nonstate justice actors and institutions, as well as the obligations that states have in relation to them, is essential in order to ensure comprehensive and thorough implementation of international human rights laws.
Author: O'Broin, Lia
Institution: Dublin City University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7155463108