Universal Human Rights in a Culturally Diversified World
UNIVERSAL HUMAN RIGHTS IN A CULTURALLY DIVERSIFIED World
INTRODUCTION
The preamble to the Universal Declaration of Human Rights was adopted on 10th Dec 1948. This foundation of Human rights emphasizes on inherent dignity & of equal & inalienable rights to all members of the human household internationally.[1] The organic law view as expressed in the traditional formulations of that method or by virtue of the natural rights movement, is that certain rights exist as a result of greater law than positive or man created law. This appropriate is supposed to govern absolutely everyone in time & space.[2] Seventeenth century natural lawyer John Locke is supposed to have identified the existence of such inalienable rights as the rights to life, liberty & home. This inalienable rights to life, property & dignity of a human being is termed as human rights which all indivuals have a correct to take pleasure in from birth irrespective of any gender/ class/race/country/ethnicity/ color etc. Human rights are universal for becoming aspirational goals at all times & places for containing core values like suitable to life which are indeed universal. These rights initially began creating in the domestic spheres of distinctive nations which along with time spread internationally. Human rights law assigns legal rights & duties to non-state actors beneath international law & hence forms a portion of the post westphalian system. The safeguards of human rights are not restricted to any area or doesn't call for different parameters in different parts of the world depending on the culture & tradition in that part of the world.. The 1st generation of human rights basically had a liberal approach based on the concepts of Locke & Rousseau unlike that of the 3rd generation approach by Marx which was based more on survival rights like right to food & shelter comprising the fundamental rights to life of a man rather than suitable to house or worship. With the steady unequal economic development among the countries of northern & southern hemisphere, this trend of 3rd generation human rights have become predominant where South African countries plagued with apartheid concentrate more on economic rights rather than cultural & social rights unlike North American Countries.
WHAT IS CULTURAL RELATIVISM
Cultural Relativity is an undeniable truth which all moral & social institutions evidence as an astonishing cultural & historical variability. This doctrine is strongly supported by notions of communal autonomy & self determination. [3] There are two extreme positions of cultural relativism- radical cultural relativism & radical universalism. Radical Cultural Relativism holds that culture is the sole source of validity of moral ideal or rule while radical universalism holds that culture is irrelevant to the validity of moral rights & rules which are universal. Radical Cultural Relativism can be broadly divided into two branches- robust cultural relativism & weak cultural relativism. Strong cultural relativism relies heavily upon culture as the sole basis on which moral rights must emanate from. Weak cultural relativism holds that culture may possibly be an critical source of the validity of moral rights or rule. Weak cultural relativism would recognize a comprehensive prima facie universal human rights & permit only reasonably rare & strictly limited nearby variations & exceptions. Weak Cultural Relativism is just a way brief from radical universalism.[4] Although discussing cultural relativism the most critical controversies arise more than practices which are defensible by internal standards but unacceptable by external standards. Now internal judgments are those which asks for regardless of whether the simple value framework is defensible in the framework of that certain society. An external judgment applies the normal of the evaluator regardless of whether the practice can or should really be accepted or defended. This internal & external evaluations matches up with or further elaborates the distinction between robust & weak cultural relativism. The stronger one's relativism , the higher one's reliance on internal evaluations.[five] Relativism rests on moral autonomy & communal self determination. To rely entirely on internal judgments would make 1 abrogate his moral responsibilities as a member of cosmopolitan moral community & would demand for application of universal standards in external judgments. The way more fundamental a practice inside a method the extra the force of internal standards which can be more than ridden only by particular strong judgments. The selection of internal & external judgments thus is a moral choice. Strong & weak relativism can not be solely distinguished by the number of deviations they enable from universal standards, some qualitative measure is also required. Even very weak cultural relativists might permit considerable variation in the form in which most rights are implemented. Particular human rights are like essentially contested ideas in which there is a substantial but rather general consensus of which means coupled with no much less vital & apparently unresolvable conflict of interpretations. Regular arguments for cultural relativism can be based upon pre colonial African village, Native American Tribes, & classic Islamic social systems exactly where the claims for communal self determination are especially strong. Exactly where there is a thriving indigenous cultural tradition & community arguments of cultural relativism based on the principle of self determination of persons give a strong defense against external interference which includes disruptions that may well be triggered by the universal human rights.
