manual: women workers' rights and gender equality - International ...

3. Cultural and social norms and values
Cultural norms and values underlay the hierarchy of rights and often determine whether the rule of
law is followed.
Sometimes there is a conflict of interest in respecting rights. For example, the ‘right to
development’ for all citizens cannot be met by many governments due to the different political
stake holders within that government and their willingness to distribute the benefits of
development.
In addition, different ethnic or other minority groups may have a different world view from the
dominant groups in that society. For example, most persons rate the right to life of humans higher
than that of animals, but this is not a universal idea.
4. Rights hierarchy
A ‘rights’ pyramid can be established as follows:
1. International Human Rights
2. National Legal Rights
2.1 Constitution
2.2 National laws such as the Civil Code,
the Penal Code and the Labour Code
2.3 Rules and regulations
3. Cultural, social norms and values
This rights hierarchy is based on European legal systems adopted by most but not all countries.
For example, in some Islamic countries religious laws form the top of the pyramid. In other
countries a ‘common law’ also exists based on traditional customs.
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