Universality of Human Rights - Essay Example

Human Rights: Should they be Universal Inserts His/Her Inserts Grade Inserts (01, September, ) Should Human Rights be Universal? The debate about universality of human rights sprung since our society has intellectually and morally developed. Some argue that national governments should define human rights and this definition may differ all over the world. Others argue that human rights should be defined universally. Human rights should be universal as a rule because the world has seen the horrors of the Second World War. But at the same time cultural and religious eccentricities should also be tolerated. This is why pure human and political rights should be universal but socio economic rights may have a societal definition. In this essay we will present definition of human rights according to world organizations. Characteristics of human rights alongside with views from both schools of thought will be presented. In the end conclusion will be drawn from the discussion. I. Description of Human Rights Human Rights are defined as “rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.” (United Nations Human Rights "What are Human Rights?") Throughout history, people were able to obtain rights and obligations based on the organizations they belonged to – the basic unit of society or family, nation, spiritual group, community or state. The concept of human rights was left to the interpretation of local units instead of a universal body defining human rights. This meant that different definitions of human rights existed. II. The Universal Declaration of Human Rights It was on December 10, 1948 where the Declaration of Human Rights was presented to the world by the United Nations. It is a product that aroused from cruel acts and abuse committed during the Second World War. This was established by the convention of the UN in order to promote freedom and equity among nations. Listed below is a summary version of the Universal Declaration of Human Rights. As human beings, it is important to understand and know what we are entitled to in order to live a life with dignity. It is essential to understand one’s own rights in order for human dignity to prevail. The Universal Declaration of Human Rights The declaration of human rights consists of 30 articles and they entail basic human, judicial, political, social and economic rights. Basic human rights call for personal freedom of a human being. According to the Declaration ‘We are all born free. We all have our own thoughts and ideas. We should all be treated in the same way’ (Amnesty International UK, 2008). These basic human rights also protect a person from becoming a slave of another person. These rights protect the basic human needs of freedom of a person. Judicial rights are also important for a human being to operate freely in society. Judicial right entails the right to be innocent until proven guilty and to get justice. According to the Declaration ‘The law is the same for everyone. It must treat us all fairly’ (Amnesty International UK, 2008). The law should be same for everyone in order for a person to live freely. People from the lower class can only get justice if and only if law sees everyone with equal eyes. There are also political rights in the Universal Declaration. Political rights are important for a person because it allows him to take part in the political structure of the society. The right to govern should be open to everyone so that not a particular faction of society can take all the power. The declaration states ‘We all have the right to take part in the government of our country. Every grown up should be allowed to choose their own leaders from time to time and should have a vote which should be made in secret’ (Amnesty International UK, 2008). Social rights allow an individual to live a social life according to his or her wishes. A person should be free in his or her social life, and should be allowed to protect his or her name and reputation. According to the declaration ‘Nobody should try to harm our good name. Nobody has the right to come into our home, open our letters, or bother us or our family without a very good reason’ (Amnesty International UK, 2008). Economic rights should also prevail in a healthy society. A right to live a life free from economic troubles is something which is essential for a person. Everyone should earn wage and should be allowed to have a shelter and clothing. The declaration clearly states ‘We all have the right to a home, to have enough money to live on and medical help if we are ill. We should all be allowed to enjoy music, art, craft, sport and to make use of our skill’ (Amnesty International UK, 2008). III. Characteristics of Human Rights There are three main characteristics of human rights. They are universal, inalienable, and indivisible, according to Amnesty International. The above mentioned human rights can be considered universal because they are applicable to everyone in the world regardless of their cultural or national differences. These rights are defined for human beings living in all parts of the world and no one can usurp them in the name of culture or religion. Universal rights mean that the definition of human rights is superior to all culture, religion and nation. These rights cannot be taken from any individual no matter what and this makes these human rights inalienable. These rights are inalienable because these are rights that have been bestowed on individuals the moment they are born and cannot be easily taken away. This characteristic makes human rights a born right for everyone in the world. The above mentioned rights are also indivisible because all rights are interconnected and cannot be separated into small sections. A violation of one right could lead to the violation of another, and so on. This is why it is important to protect all the above mentioned rights, and only then human rights can be truly preserved. Civil and governmental rights, political and social rights, environmental and economic rights should co-exist. There is no way that some of the above mentioned rights can be preserved only. All of the above mentioned rights will have to be preserved in order to claim human rights. The economic rights of a person cannot be upheld if judicial or social rights are not given to a person. IV. Two Contradicting Point of View a. Human Rights are Not Universal According to an online journal entry written by Shashi Tharoor, the issue regarding whether or not Human Rights are universal has continually been debated by critics. He states that “the perception that human rights as a universal discourse is … being questioned and resisted by both intellectuals and states…nothing can be universal; that all rights and values are defined and limited by cultural perception” (Tharoor, 1998). Cultural backgrounds and religious views affect the implementation of human rights all over the world. Non-western civilizations and individuals are not endowed with the same rights as what the Westerners are accustomed to. This is because of the development that the western world has seen in the last two centuries. In comparison non-western countries did not get a chance to develop their institutions. Many argue that some human rights are not applicable to their societies. For example, “the right to paid vacations” may be something that under-developed countries would highly dispute. Why would their governments agree to give out all-expense-paid trips whereas the masses are experiencing hunger and poverty? Another example would be the issue regarding religion. There have been debates that religion should not be universal because people have their own spiritual preferences. People have their own distinct orientations and ways of exercising their personal beliefs in God. Some are even agnostic, meaning that they question the existence of a Higher Being; while some are simply anti-religion. Different religions also have different rituals and code of life. They may interfere with the definition of universal human rights. This is why it is argued that human rights should not be universal and they should not be superior to religion. A second online article, written by Dr. Balakrishnan, argues about gender rights. He argues that “there can be no universal rights because experiences of men and women are meaningful within a cultural context and that transcultural rights are an impossibility.” (Balakrishnan) This approach demands that even if women are not visibly active in societal/political sects, women issues should be seen within the boundaries of cultural facts rather than as controversies facing women in general. The Taliban (once the governing group in Afghanistan) only allowed women to leave their houses if and only if they are accompanied by a husband or brother. They were also denied the access to education. Not only did the Taliban want to spread their influences to other states, but they also require to be left alone to continue practicing their own religious and cultural values at home without foreign intervention (Franck, 2001). b. Human Rights are Universal Jean Jacques Rousseau’s Social Contract theories state that man entered into society to protect his rights and to flourish and grow in a climate of relative peace and order. He subsumed his nature to be governed by a set of rules to prevent anarchy and destruction. He provided his talents to improve and advance society, thereby enhancing the quality of life within that society. In return, he expected the society or the state to protect his basic rights as a human being and as a member of the society and continues to uphold the social contract. Another article attests to the fact that Human Rights are indeed universal because they equally apply to every individual everywhere in the world. Men were created equal regardless of race, culture, social, political and religious differences and, therefore, deserve to have a universal stand on human rights. All human beings share a human dignity and that transcends all differences of humans. There one rule should be applied to all. When it comes to cultural discussions, some who are in developing countries state that the implementation of such rights would be dysfunctional since their tasks concerning nation building and economic reinforcements have yet to be completed. The saying “Old habits die hard” may be true, but culture in any society is perpetually changing and there is no stopping it. Thus, it is unnecessary to let congenial human rights be affected by ever-changing cultural diversities. An example is about African women being regarded as worldly possessions. They are treated as objects not as human beings. This outlook is completely unacceptable nowadays. Human rights should not be looked upon as a threat to traditional culture since both humanitarian aspects inculcate the same attributes of conserving life, freedom and security. Hence, these should be used to enlighten specific cultures to appreciate cultural rectitude and divergence without endangering the universal standard of human rights. V. Conclusion All men were born equal and are meant to co-exist harmoniously and peacefully among societies and nations.. I believe that Human Rights should be universally with certain exceptions. They should be implemented comprehensively throughout the world but only up to a certain level. It is impossible to execute these rights because not all people consider these appropriate to the cultures and traditions they have grown accustomed to. This means that pure human and political rights should apply to all but social and economic rights should only apply to societies that can afford it. Grim insistence would most likely disorder the peace and solitude of a nation. The basic rights to be exercised should be narrowed down in their simplest and most acceptable form such as: right to food, freedom to vote, freedom of speech, and the right to take part in politics. Leaders should be unified on their stand without admonishing each of the nations’ cultural, social and religious differences. The debate regarding universality of human rights is not new. Since human beings have intellectually developed they have inquired about application of human rights. The atrocities of the Second World War are still fresh in the minds of the people. Human rights can be universal or they can have a localized definition. Whatever the case is human dignity should be kept in mind. This can only be done if a moderate approach to human rights is taken. Human rights should be universal to a certain extent meaning basic human and political rights should be similar for all. But social and economic rights should have a local definition. References Amnesty international, UK, . "What are our human rights?." amnesty.org.uk (2008): n. pag. Web. 9 Dec 2009. . Balakrishnan, Dr. "THE DEVELOPMENT OF HUMAN RIGHTS IN INTERNATIONAL LAW ." n. pag. Web. 9 Dec 2009. . Franck, Thomas. "Are Human Rights Universal?." Council on Foreign Relations (2001): n. pag. Web. 9 Dec 2009. . Rousseau, Jean Jacques. "Social Contract: Book 1." (1762): n. pag. Web. 9 Dec 2009. . Samson, nyombi mwebaza . "Definition of Human Rights." ArticlesGratuits.com n. pag. Web. 9 Dec 2009. . Tharoor, Shashi. "Are Human Rights Universal? ." WORLD POLICY JOURNAL XVI.4 (1998): n. pag. Web. 9 Dec 2009. . United Nations High Commissioner for Human Rights, "What are human rights? ." United Nations Human Rights Office of the High Commissioner for Human Rights (2009): n. pag. Web. 9 Dec 2009. . Victorian Equal Opportunity & Human Rights Commission. (2009)"Human Rights.": n. pag. Web. 9 Dec 2009. . Read More