Are Human Rights Universal or Culturally Relative?

S-CAR Journal Article
Nhina Le
Nhina Le
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Are Human Rights Universal or Culturally Relative?
Authors: Nhina Le
Published Date: May 18, 2016
Volume: 28
Issue: 2
Pages: 2013-211
Date: May 18, 2016
URL:
Abstract

What are human rights? Are human rights universal or culturally relative?Is the Universal Declaration of Human Rights (UDHR) a manifestation of Western cultural imperialism? Since the UDHR was created in 1948, these questions have been the subject of policy and intellectual debates between the “universalists” and the “cultural relativists.” Universalists believe that same legal enforcement mechanisms of human rights exist everywhere. Cultural relativists argue that there are diverse ways to interpret and to use or abuse human rights.

By definition “human rights” are based on the universal dignity of all human beings by virtue of their humanity. “Dignity” refers to the universal aspiration that all humans are entitled to be treated with respect, as ends rather than means, to be recognized as of equal worth, and to be permitted to advance their gifts. These perspectives provide the foundation for human rights claims. Still, it cannot be assumed that the international human rights regime is well established and non-controversial. Advocates for human rights may benefit from the arguments of the cultural relativists since they may end up being an important resource for improving their knowledge and practice of human rights. The tension between cultural relativism and universalism need not be destructive. Instead, it can generate new insights that strengthen global and local efforts to bring human rights to life

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