ABSTRACT
Customary law is one of the manifestations of culture and its diversity. It is a little-appreciated fact that, especially in the global South, far more people rely on customary laws to regulate family relationships and resolve disputes than on formal state law. This chapter explores the sometimes fraught relationship between the idea of universal human rights and the acceptance of cultural diversity, focusing on customary law as an important component or representation of culture. It begins by considering customary law as an aspect of culture and the place of cultural rights in international human rights law. The chapter subsequently focuses on the South African experience of constitutional protection of customary law subject to a bill of rights to illustrate the tension between customary law and human rights norms, and attempts to resolve conflicts in that context.
