The debate on human rights is caught between the limitations of both universalism and cultural relativism. Comment. (UPSC CSE Mains 2024- Political Science and International Relations, Paper 1)
- Universal Declaration of Human Rights, adopted and proclaimed by the General Assembly of the United Nations on December 10, 1948 is a milestone document in the history of human rights. Universalism is defined as the principle that a given value, morality, theory, or treatment will be the same for all groups except culture, race, nationality, gender and other social identities. The universalistic approach mainly revolves around a liberal political ideology which propagates freedom, equality, democracy, individualism and so on. These main concepts are a part of today’s legal enactments. These values are considered to be superior as they are the ones who promote peace, prosperity and development in society.
- Culture relativism is a response to the claim of universality of human rights. It basically asserts that human rights are not universal but relative and implemented variedly according to one’s culture. Thus, culture is the source through which human rights derive their validity. As such the present debate on human rights is centered on right to religion versus human rights. John Rawls, in his book “The Theory of Justice” proposed a method to achieve objectivity that others should be treated simply as human beings, apart from any unique characteristics they may have.
- In human rights, universalists believe that all humans have the same inalienable rights simply because of their humanity. Therefore, all humans are entitled to the same rights and freedoms, regardless of age, sex, gender or any other distinguishing characteristic. In contrast, relativism is a critical theory that argues nothing is universal among humans and that all values are created by culture. Because there is no universal culture, there can be no universal values. As a result, each culture determines its own values and its own idea of justice. Morality is subjective, and there is no objective morality. Relativists believe it is impossible to impose a universal set of human rights on all cultures because each culture creates its own set of morals and ideas of right and wrong. Instead, human rights are relative to the cultures that created them (i.e. western culture) and other cultures are entitled to their own morality.
- Hence it is necessary to understand beyond the culturalist’ claim and Universalists’ claim and find a proper reconciliation and also certain culture-specific solutions in resolving human rights issues. Donnelley rightly used the term “Universalism without imperialism” to think of human rights in a better sense. Then universality of rights can be translated despite the myriad or small differences in cultures or religions or any other differences. Such understanding also facilitates amicable solutions for culture specific issues on human rights. Then not only universalism can protect culture specific protection but also can question bad practices rooted in culture as “bonded labour” and “female genital mutilation issues” and “violence against homosexuals” etc.,
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