Debating the Universality of Human Rights from an Intercultural Perspective (original) (raw)
Related papers
HUMAN RIGHTS BEYOND DICHOTOMY BETWEEN CULTURAL UNIVERSALISM AND RELATIVISM
THE AGE OF HUMAN RIGHTS, 2020
The consolidation of relations of global society requires the progressive establishment of a global legal system, consisting of a system of rules-precisely, human rights-as the source and evaluation criteria of positive national rights. This essay aims to contribute to some extent using reflective dialectical methodology, establishing logical-argumentative criteria, based on the dialogue between authors to exercise a critical reflection of the official narrative on the universality of human rights, in addition overcoming the universalism/relativism dichotomy eurocentricaly established by a theory of human rights between universalism and cultural relativism. Introdution There are strong criticisms of the attempts to create a world political order based on the defense of human rights, allowing international organizations and major powers to implement a centralized policy of "humanitarian" intervention, situated above the sovereignty of States, using even of war resources if necessary. In this line of argument, there are those who accuse the West of using "human rights rhetoric" to cover up their true political and economic interests and, through that discourse, impose its policies on the rest of the world. The process leading to the creation and consolidation of human rights is contemporary to the expansion of Europe and the West over the whole world and inextricably linked to this process and its contradictions. If, in the so-called West, the consolidation of some fundamental rights was the result of many struggles and conflicts and wars, non-European countries excluded from this process since the beginning and not infrequently participated as victims. The approach to the issue of human rights comes as a more tortuous issue to jurists faced with dilemmas that have assumed an enormous degree of importance with the intra-frontier and international community and which, at the same time, have not yet achieved unity of thought that allows its organization to ensure universal protection. It is, therefore, relevant to the establishment of a set of universal human rights to try to find, at least, a minimum set of guarantees capable of assuring the dignity of the human person. The very notion of dignity is problematic for the solution of this impasse, as each country, and within each of these countries, each culture sheltered by them, tends to establish its own conception of human dignity. To discuss a theory of human rights necessarily leads to a reference to the juridical theory of this class of rights, enshrined by a range of treaties, conventions and
Human Rights: Universality and Cultural Diversity of the World
Proceedings of the International Session on Factors of Regional Extensive Development (FRED 2019), 2020
The article considers the problem of human rights in the aspect of their universality and cultural diversity of the world through the prism of established traditions. The problem of universality and universalization of human rights becomes the most acute in conjunction with the sustainable development strategy in a situation of increasing integration of the economies and societies. Based on methodological approaches to the problem of human rights, the transformation of the meaning of human rights is revealed, human rights are examined through the prism of traditional ideas about a person and his rights. The research base was taken by the Anglo-Saxon legal family, Russia, Islam, and Christianity, based on the traditions established within their framework, the development of the idea of human rights to its normative consolidation at the international and national levels is shown. The purpose of the study is identifying the prevailing traditions in individual cultures and on their basis, understanding the transformation of approaches in understanding and normative consolidation of human rights. Close attention is paid to traditions in human rights issues as representations that have developed as socio-cultural landmarks in incorporating the idea of human rights into the modern concept of universal human rights.
Universal Declaration of Human Rights: The Issue of Universalism and Cultural Relativism
International Journal of Social Science & Economic Research
This article examines the Universal Declaration of Human Rights and the charge of universalism leveled against it by cultural relativists. The UDHR is the first document that enshrines rights and freedoms for human beings. The rights enshrined are available to all individuals, irrespective of their religious, cultural, or political moral systems. It is a normative statement on how human beings should be treated. The UDHR faces the charge of universalism, that it imposes the same values which are Eurocentric in nature on all nation-states. It is considered by critics as a hegemonic project, which reflects the moral chauvinism of Western liberal individualistic societies. Cultural relativists hold that beliefs, customs, and cultural and moral values are relative in nature. Rights emerge from the cultural context of societies and should be seen from this standpoint and not in isolation from the context. This article examines the charge of universalism against the UDHR through the eyes of Johannes Morsink and Jack Donnelly.
HUMAN RIGHTS' PHILOSOPHY: UNIVERSALISM AND CULTURAL LOCALISM
Direitos Fundamentais & Justiça, 2022
The research analyzes the clash between universalism and cultural localisms, aiming to carry out an epistemological analysis of the discursive foundation of human rights. We problematize the existence of an apparent dichotomy between universalism and cultural localism. Methodologically, it uses discourse analysis, with an emphasis on deconstructivism. At the discursive level, the research points there is no contrast between universal human rights and different cultural localism. But if we understand human rights as a universalized Western culturalism, there is no opposition between them and other cultural localisms that could contribute to different dimensions of dignity. The research contributes to the field by presenting the discursive element of universal human rights, manifesting its philosophical foundations.
The Universality of Human Rights Against Cultural Relativism: Between Fiction and Reality
The Lawyer Quarterly, 2021
This paper aspires to defend the universality of human rights against cultural relativism. The relativism claims that human rights are not universal enough, but even if they were, it would not imply they should always prevail over other moral or legal norms. This paper advocates the opposite: the human right corpus is universal enough because it has been drafted and approved by representatives of all cultures which are dominant in the current globalized world in the context of actual or latent international political conflicts. The intercultural consensus on human rights is overlapping, i.e., the human rights corpus contributes to realizing the comprehensive doctrines of good that are held in all participating cultures. Although the consensus on human rights does not inevitably lead to a uniform moral and legal practice, it also plays a crucial role in a purely declaratory level-it creates a common language through which various cultures can conceptualize their different moral and legal attitudes. Therefore, the language of human rights should take at least prima facie precedence over other moral systems whether stemming from a religion or a particular moral or political philosophy.
HUMAN RIGHTS BETWEEN UNIVERSALISM AND CULTURAL RELATIVISM
HUMAN RIGHTS: BETWEEN UNIVERSALISM AND CULTURAL RELATIVISM, 2021
The concept of human rights over time has gained popularity and recognition. It has been observed that the evolution of human rights in the present era has aroused a lot of debate and controversy as regard its justification and applicability to a human being, by virtue of the Universal Declaration of Human Rights and the United Nations Conference in Vienna 1993. These international treaties reconfirmed the validity of the universality of human rights, which has attracted criticizing from cultural relativist scholars like Renteln that it is based on western origin. This paper adopted the doctrinal and analytical research method in examining cultural relativist views such as Renteln's argument on the Universality of Human Rights and Cultural Relativism if Universalism of Human Rights is Western Imperialism? Weakness and Challenges of cultural relativist View on human rights. It was therefore recommended that, in order to end the endless arguments on whether or not human rights are universal, there is a need to convene an international forum where at least a more significant number percentage of nations can form a quorum in resolving the issue.
The Universality of Human Rights in the Modern Age
The international Regime of human rights claims its universality through the mutual development the rights involved. However, the narratives have been subject to critiques, with a strong trend towards challenging the universality of something so particular and individual as human rights. This essay will examine the claim of universality of international human rights while discussing the relationship between human rights and its history's narratives and the critiques it is facing from cultural relativists, who criticise the international human rights regime as western-centric. Is the modern human rights regime the "trojan horse of moral imperalism" or does it sufficiently support fundamental freedoms around the world?
Nation State Journal of International Studies
The debate over the universality of Universal Declaration of Human Rights remains taking place. Apart from the fact that the document remains popular and has been encouraged by many countries around the world. The debate revolves around values and cultural differences among countries claiming that Western values have been predominating the content of the declaration itself. This essay argues that the dispute towards the universality of UDHR would likely form a robust standard and values of internationally recognized human rights as long as a cross-cultural and cross-philosophical talk could be encouraged.