ABSTRACT
Having established the environment in which human rights are to be considered, it is next important to have some idea of the subject matter: ‘human rights’ and the way in which these rights are articulated in law. This immediately raises two basic interrelated questions. The first is what is understood or interpreted as a ‘right’ in the context of ‘human rights’ and the second is what is meant or recognised as ‘law’. Both these questions are important because lack of clarity or agreement may account for some of the misunderstandings which surround human rights discourse in the region and undermine the effectiveness of rights advocacy. It may also be the case that in the plural legal systems of Pacific Island countries certain interpretations or understanding of human rightsmay be incompatiblewith the application and observation of certain laws. This chapter explores some of the difficulties in arriving at a satisfactory answer to the first question and by examining possible answers to the second question aims to throw some light on the first.
