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2016, Conference Presentation
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8 pages
1 file
In this presentation I would argue that the values represented by the concept of modern human rights present common grounds for a dialogue among cultures since they are universal ‘dream-values’ envisioned by sophisticated thinkers and nation builders− sages, prophets and ancient lawgivers− of various eras and societies around the world. These ‘dream-values’ have over generations helped define the human species as unique and deserving of the highest dignified treatment at all times and in all places. Identifying and analyzing such ideas will reveal surprising commonalities of humanity that can serve as grounds for dialogue and collaboration between and among cultures − secular or religious, Western or non-Western.
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.
The notion of human rights represents a set of abstract values whose concretization is considered essential for ensuring a life of dignity. The process through which the abstract rights are given a concrete expression is far from being simple of straightforward. At issue is the impact of the historical and moral specificities of a particular culture on the way through which human rights are perceived and interpreted. This paper examines the literature addressing the question of human rights in the Middle East and points out discrepancies in analysis and presentation. The paper proposes an alternative approach to studying human rights across cultures that could help researchers overcome the distortions produced by the faulty approach currently favored by leading Middle East specialists.
International Affairs, 1998
The belief in innate human rights has enjoyed increasing currency worldwide. Despite its Western philosophical origins and the active opposition of some Islamic, Confucian, and indigenous anti-colonial regimes, the idea that all individuals possess inalienable rights to life, liberty, and a basic economic livelihood has achieved what amounts to a near-universal veneration. Why has this happened? What makes human rights such a sacred idea in today's world? Clearly, the theology of human rights has been fostered by increased global social interconnections, not the least of which has been the late-20th century communications revolution. Yet this trend is more importantly the result of a moral individualism called forth by the structure of an interdependent late modernity. The belief in the sacredness of human rights both expresses this individualism and serves as a counter-weight to the anti-systemic and neoparticularistic ideologies that globalization also creates. The battle between universal human rights and resurgent nationalisms is thus the theological battle of our age. Yet it is not just an intellectual but a social battle; by laying bare its social underpinnings, this paper opens the way to predicting its outcome.
Identity, Belonging and Human Rights: A Multi-Disciplinary Perspective, 2016
Are human rights universal and are they applicable to different cultures? The questions have given rise to various arguments that criticise the universality of human rights. On the one hand, the 1948's Universal Declaration of Human Rights (UDHR) claims a universal nature by a broad consensus among states during its drafting meeting; the advocates of cultural particularity still refuse to acknowledge a universal nature of the UDHR by the reason of cultural and traditional values on the other. With the central question how the discourse human rights' universality in the aftermath of the UDHR is, this study aims to analyse the challenging cultural debates on the universal nature of human rights. This chapter is good in three parts. Firstly, an examination of the tension between culture and universal human rights demonstrates a gradual process into an abstraction of human rights. Secondly an investigation into the 1990's claim of Asian Values elaborates the phrases how the authoritarian regimes refuse to follow international human rights norms. Thirdly an analysis of the dispute over traditional values followed by the 2009's resolution from the United Nations examines a crisis in the power to an interpretation of traditional values controlled by the political authority. To sum up, a culture may challenge the discourse of the universality of human rights, yet, that is a necessary process to reach a mutual understanding. There are no universal human rights without an interwoven discussion between different values accompanied by a deep reflection on the inhuman violences.
World Affairs -- – A Journal of International Issues , 1998
The modern notion of “Human Rights” is reflected in the UDHR (1948), the two UN Covenants (1966), and in scores of UN instruments on Human Rights. These documents conceptualize human rights as universal in the sense that they transcend national boundaries or ideologies. Many scholars and nations have contested the claim of universality of human rights and asserted that they are not a Western discovery as human rights values and traditions have been part of their cultures/civilizations and politico-legal systems for centuries. In fact, Human Rights are the product of historical, cultural and socio-political experiences of a given society. These societies have formulated and conceptualized their notion of rights to suit their particular socio-cultural and political settings. Hence, cultural specificity has to be taken into cognizance while formulating and implementing human rights standards. There cannot be uniform human rights standards or a single interpretation of a meaning of a right. There can be different meanings attributed to a right even within a single tradition. This is a challenge posed by those who believe in cultural relativism as against universalism. Besides being culturally specific, the concept of rights, it is argued, also includes dynamism that lends its meaning and interpretations to constant evolution and change. An understanding of non-Western perspectives helps us to appreciate the limitations in the prevailing international human rights protection system and the difficulties experienced by the Non-western states in implementing human rights norms. Besides discussing the non-Western perspectives of human rights in Chinese, Indian (Hindu-Buddhist), African and Islamic traditions, the paper argues that what should be universal is the idea or the concern for human rights in general and not a particular model of human rights.
Politeja, 2021
The purpose of my contribution is to provide a general overview of the issue at stake when today over the world people debate human rights. In order to do so I will rely on and both differentiate and associate philosophical, anthropological, ethnological, historical, sociological, political, and psychological approaches. Let me stress that this is not at all to contribute to a muddled understanding of the issue of human rights that necessarily has to be perceived differently depending on the field of research. On the contrary, it is in fact to articulate that the issue of human rights can only be understood from a transdisciplinary perspective; and that cross-cultural communication is required to approach the question of 'values' and 'rights' in our globalized world.
Social Anthropology, 2007
Anthropology is often viewed by human-rights' theorists and activists as 'the last bastion of cultural absolutism' (p. 3), Richard Wilson explains in the Introduction to this timely, important and constructive volume. In a 'post-cultural' world, as Wilson terms it, a world where '[tlhe 'fantasy' that humanity is divided into [discrete groups] with clear frontiers of language and culture seems finally to be giving way to notions of disorder and openness' (p. lo), anthropologists remain committed to a romantic communitarianism and relativism. They continue to believe that, as canonised by the 1947 statement of the American Anthropological Association executive board (penned chiefly by Melville Herskovits), it is upon 'a respect for cultural differences' that respect for all other social and individual differences should be based (1947: 541). (Moreover, cultures are imbued with an inherent moral rectitudesuch that one might always expect 'underlying cultural values' ultimately to assuage immoral political systems (ibid.: 543)). In short, over a period in which, for better or for worse (for better by far, in my estimation), 'human rights' as discourse and as international law has enjoyed enormous growth, such that human rights has become 'one of the most globalised political values of our times' (Wilson, p. I), anthropology has remained relativistically aloof, if not sceptical. This makes a sad indictment, even though we might all be able to rehearse (even with some sympathy) the thinking behind such anthropological relativism. It is said that ethnography evinces no universal notion of humanity, and no commonality among those notions that do exist concerning the distribution of rights, duties and dignity. It is further said that there is no universal 'individual'-that unified human subject with a knowable essence who is meant to act as the bearer of rightsonly socially constructed persons. In short, notions of 'human nature' and of 'rights' which derive from the fact of being human are historically and culturally bounded, it is concluded; there can be no essential characteristics of human nature or rights which exist outside a specific discursive context. In particular, the United Nations' Universal Declaration of Human Rights of 1948 is to be read as a charter of idealistic, post-Enlightenment, European political philosophy in the wake of the Second World War and the Holocaust: a continuation of Kantian attempts to establish an Archimedean point which might provide rational foundations for universal norms of justice. In its applicationin Western interference in moral issues internal to other culturesthe
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
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?