The cultural interpretation of constitutional rights: the case of due process in Andean communities

The paper provides a critical view against the universalism of human rights by identifying the relevance of culture in the construction of the content of each particular right.
Contemporary constitutional theory highlights the abstract and general nature of the enunciative formulation of rights in constitutional texts or treaties. The standard thesis holds that rights are not rules but principles, i.e. norms open to interpretation.
In contrast, the cultural view rescues emotional and cultural elements in general that complement the merely linguistic view of rights. In order to express the expectations of diverse cultures in the protection of dignity, rights must incorporate the emotional and cultural assets of each context.
With this premise, this paper focuses, specifically, on the case of demands of due process and its elements in Andean communities.