The Universal Declaration of Human Rights, economic, social and cultural rights and human rights discourse

2018 ◽  
pp. 183-193
Author(s):  
Danwood M. Chirwa
PMLA ◽  
2006 ◽  
Vol 121 (5) ◽  
pp. 1638-1642
Author(s):  
Bruce Robbins

Will historians looking back a hundred years from now see the rise of human rights as an agent or reflection of the decline of national sovereignty? I take this question (asked at a recent meeting by Richard Wilson, director of the Human Rights Institute at the University of Connecticut) as an expression of worry about the effects that the decline of national sovereignty is likely to have, including effects on human rights themselves. Human rights advocates will recognize an obvious reason for this worry. Human rights are often seen, correctly but narrowly, as a key line of protection against an invasive and oppressive state. But the project of winning respect for human rights also relies heavily on the state's legal and bureaucratic powers—the power to enforce, to educate, to take positive measures, and so on. This is especially true in the domain of economic, social, and cultural rights, which require for their fulfillment that states exercise what has come to be called “due diligence.” Violence against women, for example, which has only been classified as an abuse of human rights since 1993, is often perpetrated not by states but by private individuals and groups. It can come under the protection of human rights discourse only if a sovereign state, which is held responsible for intervening to punish and prevent, is strong enough to do so. Weaken national sovereignty, and you may subvert the cause of women's rights.


Author(s):  
Trond Jørgensen

This article presents research on Japanese interpretations of the first article of the Universal Declaration of Human Rights as a point of departure for discussing how the Japanese cultural contexts present an alternative understanding of tolerance to the Western liberal. According to Rainer Forst, tolerance is a normatively dependent concept (Forst 2010). This implies that the specific cultural values or the ‘normative context’ and environment become relevant. Since the praxis of tolerance always takes place in a specific cultural and moral environment, the cultural context influences how tolerance is carried out in practice as well as the norms defining its limits. Japanese informants held that cultural norms and values in Japan differ somewhat from those in the West. They perceived the human rights discourse as culturally dependent and culturally marked and clearly considered the first article of the Universal Declaration of Human Rights to be a product of Western thought. It states that ‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in the spirit of brotherhood’ (United Nations 1948). While the role of tolerance in Western political philosophy seems to be attached to liberal values of autonomy and freedom, the Confucian-influenced environment in Japan places more emphasis on inter-dependency, cultivation, and learning social rules and proper-place-occupation as bases for moral conduct and deserving of respect. According to the Japanese informants, people are not ‘born with rights’ or ‘born free and equal’. Maintaining harmony, consensus, and proper behaviour according to relationships and hierarchy creates a different kind of setting for tolerance. The inter-dependent perspectives of Japanese culture may restrain freedom and can thus be expected to limit toleration of divergent views or behaviour. The culture-specific perception of human nature with an ‘inter-dependent construal of self’, counts as a context for tolerance. Also, it could be argued that Japanese religion is less doctrinal and absolute, and particularistic morality prevails. In the Japanese setting, the coexistence of competing truth systems seems to be more easily tolerated. This may broaden the room for tolerance. The cultural values defining ‘the good’ vary, implying that culture counts when the limits for tolerance are drawn. What is valued is culturally dependent, thus directing what is tolerated.        


2008 ◽  
Vol 3 (3) ◽  
pp. 235-247
Author(s):  
Paul Alexander

AbstractIn this article, the author suggests that religious leaders and communities should speak freely of faith in God and spirituality in their own particular ways as they advocate for human rights. While recognizing the destruction wrought by religious people, he recommends that religions be received as gifts that can cultivate people who far exceed the minimal expectations of the Universal Declaration of Human Rights. He claims we do not expect too much when we ask religions and religious leaders to promote, teach, and uphold human rights, we expect too little. As a Pentecostal Christian ethicist, he argues for the significance of narrative, prophetic protest, and testimony as crucial aspects of receiving all people as gifts and of evoking empathy, action, and hope. Finally, the author warns against the political seizure of theistic and human rights discourse for the justification of military action, and he encourages the implementation of just peacemaking theory and practices.


Author(s):  
Jérémie Gilbert

This chapter examines the connections between cultural practices, cultural rights, and natural resources, and focuses on three different approaches. The first examines the human rights discourse on cultural diversity and how international human rights law has developed a link between the rights of minorities’ and indigenous peoples’ cultural practices and natural resources. The second focuses on cultural heritage and explores how the legal framework of cultural heritage is relevant to protecting certain traditional cultural practices and knowledge connected to the use of natural resources. The third concerns the connection between spirituality, religion, and natural resources, and examines how the human rights protection of religious practices and spirituality could be linked to a spiritual connection to natural resources.


Author(s):  
Carole R. Fontaine

This essay explores the socially restrictive traditions that cause scriptural groups to reject the idea of universal rights and equal access to economic, social and cultural rights. This hermeneutical situation is difficult to tolerate, as our multicultural planet is seeking survival. Ethical issues and the principles of a culture’s morality are often partly religious in nature. The UNDUHR recognizes the right to believe and to promote one’s own beliefs, and it considers these particular rights as being part of a cultural “right to affiliate.” Nevertheless, international human rights law has not successfully promoted full human rights in countries of “Religions of the Book.” The essay thus suggests that appeals to the Bible grounded in human rights must be woven into contextual exegetical work, human rights discourse, and feminist critique. Even so, for women, foreigners, and “Others,” the Bible will remain a serious obstacle for enjoying full economic, social, and cultural rights.


Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa

This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a prerequisite for the optimum development of individuals, families and communities. Without the other related socio-economic rights, the provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through the Reconstruction and Development Programme, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development-oriented housing delivery.


2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.


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