The Notion of Human Rights and the Issue of Cultural Relativism

2017 ◽  
pp. 544-558
Keyword(s):  
Human Rights ◽  
Cultural Relativism

Libertŕ e diritti tra India ed Europa. Un approccio genealogico ai valori culturali

2009 ◽  
pp. 541-563
Author(s):  
Clelia Bartoli
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Cultural Relativism ◽  
Sanskrit Text ◽  
Philosophical Literature ◽  
Bhagavad Gita ◽  
Interesting Idea ◽  
Rights Discourse ◽  
Bhagavad Gītā ◽  
Human Rights Discourse

- This paper will deal with the issue of human rights and multiculturalism away from cultural relativism and universalism while taking inspiration from Nietzsche's Moral Genealogy. In particular, the concepts of karma, dharma and trivarga (an indian traditional form of particularism in the law) will be explained as they are expressed in the Bhagavad Gita, one of the most important texts of Indian philosophical literature. From this analysis it will emerge the impossibility of deducing the idea of human rights from the Sanskrit text. Not because the Bhagavad Gita adopts a communitarian conception of the self but because it entails a very complex and interesting idea of freedom which is little compatible with contemporary human rights discourse. Then, it will be quoted a criticism against the Bhagavad Gita based on the historical genealogy of cultural values, as it was formulated by B.R. Ambedkar - Chairman of the Drafting Committee of Indian Constitution. Finally, this writing will highlight some of the misunderstandings revolving around human rights and multiculturalism. This will be done while suggesting a genealogical approach where different intellectual and law traditions challenge and implement each other, rather than being locked in a sterile mutual respect.

Women’s Constitutional Rights

2021 ◽  
pp. 176-212
Author(s):  
Berihun Adugna Gebeye
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Women's Rights ◽  
Cultural Relativism ◽  
Women’S Rights ◽  
Constitutional Rights ◽  
Substantive Content ◽  
General Investigation ◽  
Standard Of Comparison ◽  
Design And Practice

This chapter explains how legal syncretism influences and manifests itself in the design and practice of constitutional rights—with a particular focus on women’s rights—in the constitutional systems of Nigeria, South Africa, and Ethiopia. The chapter demonstrates how the interaction between the liberal and indigenous conceptions of rights in a constitutional space produces unique regimes of women’s rights in these countries. The chapter first presents a brief theory of women’s rights as a standard of comparison and evaluation; this is done through a more general investigation of women’s rights in international law. This is then followed by a more focused discussion of women’s constitutional rights in Nigeria, South Africa, and Ethiopia. Such discussion explores the substantive content and the way in which women’s rights are constitutionalized, as well as their practical and judicial applications. The syncretic nature of women’s rights in these countries sheds some light on the importance of looking beyond the universalism versus cultural relativism debate when trying to enforce human rights in Africa.

18. Human Rights

2017 ◽  
Author(s):  
Michael Freeman
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Cultural Relativism ◽  
Cultural Imperialism ◽  
World War ◽  
International Human Rights ◽  
Human Rights Regime ◽  
The World ◽  
History Of ◽  
International Human

This chapter examines the concept of human rights, which derives primarily from the Charter of the United Nations adopted in 1945 immediately after World War II. It first provides a brief account of the history of the concept of human rights before describing the international human rights regime. It then considers two persistent problems that arise in applying the concept of human rights to the developing world: the relations between the claim that the concept is universally valid and the realities of cultural diversity around the world; and the relations between human rights and development. In particular, it explores cultural imperialism and cultural relativism, the human rights implications of the rise of political Islam and the so-called war on terror(ism), and globalization. The chapter concludes with a discussion of the new political economy of human rights.

2. Feminist and Activist Approaches to Human Rights

2016 ◽  
Author(s):  
Ackerly Brooke
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Political History ◽  
Theory And Practice ◽  
Cultural Relativism ◽  
Women’S Rights ◽  
Moral Legitimacy ◽  
Marginalized Groups ◽  
History Of

This chapter explores the theoretical and political history of human rights that emerges out of the struggles that have been waged by feminists and other non-elites. It first considers the bases for the moral legitimacy of human rights and challenges to those arguments before discussing three aspects of feminist approaches to human rights: their criticism of some aspects of the theory and practice of human rights, their rights claims, and their conceptual contributions to a theory of human rights. It then examines the ways in which feminists and other activists for marginalized groups have used human rights in their struggles and how such struggles have in turn shaped human rights theory. It also analyses theoretical and historical objections to the universality of human rights based on cultural relativism. Finally, it shows that women’s rights advocates want rights enjoyment and not merely entitlements.

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