2 The Cross-Cultural Legitimacy of Universal Human Rights: Plural Justification across Normative Divides

2008 ◽  
pp. 17-39 ◽  
2001 ◽  
Vol 19 (1) ◽  
pp. 43-62 ◽  
Author(s):  
Bonny Ibhawoh

Discussions about cultural relativism and the cross-cultural legitimacy of human rights have been central to contemporary human rights discourse. Much of this discussion has focussed on non-Western societies where scholars have advanced, from a variety of standpoints, arguments for and against the cultural relativism of human rights. Arguments for ‘Asian Values’ and lately, ‘African values’ in the construction of human rights have defined this debate. This paper reviews some of the major arguments and trends in the Africanist discourse on the cultural relativism of human rights. It argues the need to go beyond the polarities that have characterised the debate. It argues that while an Afrocentric conception of human rights is a valid worldview, it need not become the basis for the abrogation of the emerging Universal human rights regime. Rather, it should provide the philosophical foundation for the legitimisation of Universal human rights in the African context and inform the cross-fertilisation of ideas between Africa and the rest of the world.


2019 ◽  
Vol 1 (1) ◽  
pp. 71-74
Author(s):  
Kristina Andrews

This professional book review provides a critique of R. P. Churchill's (2006) book entitled Human Rights and Global Diversity: Basic Ethics in Action. His book is divided into three chapters: 1. Reasoning about Human Rights, 2. Debating the Universality of Human Rights, and 3. Human Rights and Cross Cultural Negotiations. Churchill presented the concepts and constructs of human rights, the universality of human rights and an argument for human rights.  Churchill’s overarching claim for human rights was that they are the same for all human beings regardless where they reside.  In addition to presenting the arguments for universal human rights he presented the oppositional constructs by the integration of the voices of notable theorists.


2018 ◽  
Vol 27 (2) ◽  
pp. 180-199 ◽  
Author(s):  
Pranoto Iskandar

As an ancien régime, East Asia has been considered a region that bucks the trend of the so-called ‘humanization of international law’, where the primacy of the interests of individual has become the norm. As such, the Association of Southeast Asian Nations (ASEAN), the only institutionalized transnational body in the region, not only embodies a political statement against the Western backed liberal order, but also harkens back to the decolonization era, summoning Bandung’s post-colonial ideals where the state is the only and, thus, ultimate expression in international affairs through the espousal of equality and non-interference paramountcy. This article argues that this post-colonial arrangement has failed to serve its supposed ultimate beneficiary, that is, subaltern groups such as the persecuted Rohingya. The Rohingya have been denied their human rights even by their post-colonial fellows. To bring sobriety into the fold, the article uses the ingenuity of the Malaysian Human Rights Commission Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM), as a node to cross-cultural legitimation, as a call for an ‘indigenized pragmatism’ embracing universal human rights that transcend the boundaries of nationalism-based political discourse rather than refugee rights due to their evocation of foreignness.


2006 ◽  
Vol 22 (2) ◽  
pp. 85-91 ◽  
Author(s):  
Maja Deković ◽  
Margreet ten Have ◽  
Wilma A.M. Vollebergh ◽  
Trees Pels ◽  
Annerieke Oosterwegel ◽  
...  

We examined the cross-cultural equivalence of a widely used instrument that assesses perceived parental rearing, the EMBU-C, among native Dutch and immigrant adolescents living in The Netherlands. The results of a multigroup confirmatory factor analysis indicated that the factor structure of the EMBU-C, consisting of three latent factors (Warmth, Rejection, and Overprotection), and reliabilities of these scales are similar in both samples. These findings lend further support for the factorial and construct validity of this instrument. The comparison of perceived child rearing between native Dutch and immigrant adolescents showed cultural differences in only one of the assessed dimensions: Immigrant adolescents perceive their parents as more overprotective than do Dutch adolescents.


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