Human Rights Universality And Diversity

2.2. In the CRC.

Over sixty years after the Universal Declaration of Human Rights, it has been widely observed that human rights resonate differently in various settings. This book addresses the timely and important question of how to understand human rights in a world of increasing diversity. The effects of globalization and the increasing mobility of persons and peoples have further deepened and multiplied the sites of interaction between different cultures, religions and ethnicities. These changes have been a source of enrichment, as multiculturalism, interculturalism and diversity permeate our daily lives. Yet, they have also revealed important societal cleavages, different conceptualizations of human rights, and divergent values and beliefs about moral, ethical, cultural and religious issues. In societies characterized by diverse social, ethnic, religious and cultural communities, it becomes critical to examine how to reconcile the tensions between respect for group-based identities and differences, the robust protections of individual rights and freedoms, and the maintenance of community solidarity and social cohesion. It is these tensions, mediated through debates about the interaction between human rights and diversity, that this book addresses. Eschewing any simple reconciliation of human rights and universalism, this book aspires to identify alternative frameworks that can facilitate the conceptualization of, and help find solutions to, the complex global human rights issues in diverse societies. In engaging with both the theoretical perspectives that question the 'universality' of human rights as well as assessing the practicality of diverse applications of human rights, this collection of essays explores how human rights can be employed to empower historically excluded and marginalized groups. Taking diversity into account in thinking about the universal aspirations of human rights protection requires us to reframe the question. Rather than asking whether human rights are universal, we need to ask how the universal principles underlying human rights are practically and tangibly realized in diverse contexts and communities. Through critical reflection and a reexamination of the concepts, categories, institutions and frontiers of human rights, this book contributes to an ongoing dialogue about human rights discourse and theory. Yet beyond its contribution to scholarly debates, it is our hope that this book will contribute to the development of concrete, tangible and institutional strategies for advancing the protection of human rights in diverse societies.

This accessible text defends human rights as truly universal for all persons globally, while respecting the importance of plurality and cultural diversity. It is unique, as well, in discussing cross-cultural negotiations regarding human rights. The book shows that there is no inherent contradiction between human rights norms and social and cultural values, practices, and forms of life worthy of preservation.

Introduces the idea of a flexible approach to the human rights movement that returns to basics in an increasingly diverse and multipolar world.

This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies. Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.

Focuses on understanding human rights as they really are and their proper role in international affairs.

The universality of human rights has been extensively discussed since their inception, and most often in terms of contrasting viewpoints of universalism versus relativism. The present volume seeks to get beyond the polarization and to ask instead in which sense human rights are universal. The point of departure is that human rights must be universal in some sense, or they are nothing. It is meaningless to talk of human rights if they are not applicable to all humans, unconditionally. From each of their vantage points the authors explore the notion of universality in a joint effort to maintain the fundamental aspiration of the human rights documents without sidestepping the question. The authors come from such diverse fields as law, history, philosophy and anthropology, and between them they contribute in complementary ways to the never-ending quest for universality, correlating with a view of all humans being equal in dignity and rights. They are also keenly aware that the human rights project is unfinished and must always be forcefully argued for.

This original and provocative book is concerned with fundamental questions in moral, political, and legal philosophy. It challenges both supporters and sceptics alike to rethink their ideas about human rights. The author explains that human life is not the same everywhere, noting that there are different traditions of culture and civilization. He argues that an adequate idea of human rights must take such a diversity seriously, and unlike the UN Declaration, it must not presuppose Western institutions and values. This theory of human rights developed by Milne deals systematically with the philosophical issues it raises. He shows that human rights can only be a minimum standard, not a panacea for the troubles of humanity. And that this significance, although modest, should not be underrated.