Peripheralization and the Law

This chapter delves into the dual role of the law as both a mechanism of peripheralization and a potential instrument for protection against such peripheralization. It explores how legal frameworks, through their content, procedures and omissions, often marginalize individuals, communities and States, thereby exacerbating vulnerabilities and limiting access to justice. This peripheralization is frequently understood as a side effect of laws, but this chapter argues that often it is a result of policy strategies intended to exclude. However, the chapter also highlights the law's capacity to counteract this peripheralization, showcasing instances where legal principles and international frameworks have been leveraged to expand the scope of protection offered by those legal frameworks. By critically analysing the inherent biases and structures within the legal system, the chapter advocates for the development of more inclusive and protective legal frameworks. It underscores the importance of recognizing and addressing these dynamics to transform the law into a tool for engagement rather than peripheralization.