Topic 2 - Universality vs Cultural Relativism Flashcards
Universality of human rights (11)
- Human rights are inherent rights – natural law theory
- Enjoyment of human rights irrespective of nationality, cultural background, religion, gender, race, tradition
- Emphasis on the individual over the state
- Henkin – human rights are rights, not merely aspirations
- UDHR Article 1 – All human beings are born free and equal in dignity and rights
- General Assembly Resolution – All human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing – states have duty to protect all human rights
- Vienna Declaration and Programme of Action 1993 – human rights should be a common standard of achievement for all peoples and nations
- American Anthropological Society 1999 – human differences must not be used for denial of human rights
- Symonides – At end of 20th century, human rights cannot be seen as a ‘Western product’, they were developed by and belong to the whole international community
- Agarwal – human rights cannot be different for eastern and western countries, developed or third world countries. Human rights are colour blind and direction blind. They know only human
- Higgins – denial of universalism is advanced mostly by states or scholars anxious not to impose western bias on others. Denial is rarely advanced by the oppressed
- Kant – what we have in common(humanity) is more important than trivial differences
- Nickerson – universalism enables the agency and authorship human beings hold over their own lives – all people deserve the same things
- Donnelly – universality is not a state we have achieved or are likely to achieve, rather a concept to keep us constantly mindful of those excluded in our current rights culture
Arguments against FGM (9)
o UNICEF - More than 230 million girls and women alive today have undergone FGM
o Donnelly – cultural relativists confuse what people are forced to tolerate with what they value
o Donnelly – cultures are malleable. Can be changed to incorporate universal standard
o An-Naim – culture and human rights should not be a trade-off, instead culture should be changed to incorporate human rights not abandoned
o Declaration on Elimination of Violence Against Women 1993 Article 2(a) – violence against women understood to encompass FGM
o UN Sub-Commission for Prevention of Discrimination and Protection of Minorities 1988 – declared FG< violates the human rights of women and children
o 2003 Protocol to African Charter on Human and People’s Rights on the Rights of Women in Africa Article 5 – Prohibition of practices which negatively affect the human rights of women
o 2002 UN Special Rapporteur on Violence Against Women – imperative that FGM receives international attention to ensure practices are eliminated as quickly as possible
o Secretary of State for Home Department v K, Fornah – Girl from Sierra-Leone came to UK and claimed for asylum on basis she fled from home country to escape FGM practices. UK court accepted she satisfied conditions to claim refugee status. FGM illegal in UK.
Cultural relativism (criticisms of UDHR, 4)
- No universal validity or application of human rights
- Enjoyment of human rights is conditional on each states culture, religion etc
- Emphasis on the state rather than the individual
- Criticisms of UDHR
o UDHR not legally binding
o Only 56 states parties to UN influenced the declaration – mainly Western states
o Western powers proclaiming universality of human rights but still had colonies in other parts of the world
o UDHR adapted in aftermath of WW2 – high political tensions between superpowers – ideological and political divisions between communist and western states
o UDHR embedded both civil and political rights and economic, social and cultural rights – distinction between these rights due to political divide meant development of human rights based on split between ideologies (ICCPR vs ICESC) – states could pick and choose rights wanted to abide by – are rights really universal? - American Anthropological Association 1947 - the individual realises his personality through his culture – cultural differences should be reflected in huma rights law – cannot be universal as must respect different cultures
- Declaration of Bangkok – human rights must be considered in the context of a dynamic and evolving international setting bearing in mind historical, cultural and religious backgrounds
- Chinese Statement at Vienna Convention – human rights cannot be understood outside of an individual’s culture. Cannot expect all states to accept same standard of human rights protection
- Margin of appreciation – Handyside v UK – states are better placed to make decisions about their country
Methods for changing FGM (9)
o Donnelly – anything that hints at imposing Western values is likely to be met with suspicion and even resistance. How arguments of universalism are advanced is just as important as the substance of the arguments
o Walley – Western feminists should not be in the front, but rather in the back supporting other women’s struggles to bring about change
o Association of African Women for research and Development – feminists from developed countries must accept that FGM is a problem for African women and no change is possible without the conscious participation of African women
o Raday – some female members of a traditionalist culture have an interest in its preservation. Preferable to reform cultures rather than condemn them
o An-Naim – legal human rights protection is unsustainable unless it is accepted and internalised as an indigenous norm by the people concerned
o Raday – ability to withhold consent from FGM must be accompanied by educational and economic infrastructure. Women should make decisions based on full information (education important)
o Henkin – violations of human rights reflect not cultural resistance but political/social/economic underdevelopment (education is key to reform)
o UNICEF – educated women 30% more likely to oppose FGM than uneducated
o One Million Signatures Campaign
Change comes from within
Cannot impose Western universal belief on human rights on other states (Neo-imperialism)
Grassroots bottom-up approach in Iran
