The (un)protecting and (dis)empowering potential of the law and human rights discourse within social justice and land claims

This article explores the potential effects of the use of human rights in framing claims for achieving social change. The discourse of human rights provides a conception of social justice based on dignity and equality. Thus, calling upon the human rights discourse can support social justice and land claims. However, in practice, the effects of a legal mobilization of the human rights discourse include not only benefits, but also dilemmas and risks for social and political struggles. I argue that utilization of the human rights discourse seems not to be an ideal strategy for achieving social change and the protection of land rights. However, in some contexts this discourse strongly contributes to the empowerment of underprivileged and excluded people, making unjust situations visible, and offering an alternative reality based on equality and dignity. At the very least, it can become a symbol of those ideals, inspiring social mobilization for change.