Human Rights, Univarsality and Culture - Essay Example

? Human Rights: Universality and Culture Human Rights: Universality and Culture Assignment I: Annotated Bibliography Iovane, M. (2007). The Universality of Human Rights and the International Protection of Cultural Diversity: Some Theoretical and Practical Considerations. International Journal on Minority & Group Rights, 14(2/3), 231-262. In this research article, there is a comprehensive discussion of the practical and theoretical consideration of the universal nature of human rights and the need to protect the cultural diversity within the world populations. Through the use of a qualitative study methodology, the researchers aimed at enlightening the readers on the philosophies which postulate that all people are equal regardless of where they were born or the time of their birth. The paper is comprehensive in scope as demonstrated by the discussion of the rights and freedoms of human being in relation to language, race, religion and sex. This article is, therefore, a useful information source for understanding whether the concept of human rights is universal or culturally understood and therefore is significant in arguing upon the thesis of the essay. However, the authors base their arguments only on the basis of the declaration of the UN on human rights. Since this article illuminates critically on the cultural aspects of human rights in addition to political and economic understanding, it is appropriate for understanding the weather human rights should be comprehended from a universal or cultural angle. Jing-Bao, N. (2008). Cultural Values Embodying Universal Norms: A Critique of a Popular Assumption about Cultures and Human Rights. Developing World Bioethics, 5(3), 251-257. This paper describes the concept of human rights from the perspective of both the non-Western and Western societies. The researcher did a survey in which the differences in view on the applicable of human rights within divergent societies were studied. An in-depth discussion of human rights is provided in the paper including the fact that this concept is considered to be in line with the western norms. The author further illustrates the assumption that us held by non-Western cultures that the concept of human rights is a western norm which conflicts with the beliefs of the non-Western cultures. Because the paper presents the concept of human rights from a cultural perspective, it is useful for the essay which aims at arguing whether it is the cultural or universal view that should be used to define human rights. An illustration of the Chinese culture is presented to demonstrate the various misconceptions in the interpretation of the concept of human rights. The credibility of the article is expressed by the use of The Universal Draft Declaration on Bioethics and Human Rights as a reference point of the argument. Gregg, B. (2010). Anti-Imperialism: Generating Universal Human Rights out of Local Norms. Ratio Juris, 23(3), 289-310. This article develops an argument that the concept of human rights is applicable only within a local or cultural perspective. A secondary research approach is employed by the author who aims at opposing the generalization of human rights as a global phenomenon without a consideration of particular aspects that are cultural. Extensive illustration of the argument is presented including the capacity and validity of human rights within a local or cultural perspective. The author also describes the concept of human rights in regard to the importance of the diversity and cultural representation of interests. This article is therefore appropriate for the essay in presenting arguments for human rights as a cultural phenomenon rather than a universal issue. It is, however, notable that the author is more biased on the description of human rights as locally valid without a discussion of the universal views of this concept. The importance of locally valid understanding of the concept of human rights is described by the author as a way through which communities will achieve self representation. The logical arrangement of ideas and an illustration of various concepts to illustrate ideas make the article reliable in understanding the concept of human rights from different views. Meskell, L. (2010). Human Rights and Heritage Ethics. Anthropological Quarterly, 83(4), 839-859 The article discusses whether the universal view of human rights can be applied in resolving the conflicts which arise from cultural or heritage of the community. A case study approach is employed as an effective methodology of studying how a specific cultural heritage would employ the human rights as postulated by the universal view of this concept in resolving conflicts within the community. The is wide in scope including a demonstration of claims, rights, ethics and the regulations which are instituted in reference to the global view of human rights. The interrelationship between human rights as a universal issue and the reasoning from the cultural heritage point of view as presented by the author makes this article useful and effective in discussing divergent understanding of the concept of human rights within the essay. However the paper is limited to a single case in which cultural heritage is connected to the global view of human rights in the processes of resolving conflicts. Regardless of this, the concepts presented by the author are credible, reliable and adequate in determining whether the concept of human rights should be understood from a universal or local point of view. Reus-Smit, C. (2011). Human Rights in a Global Ecumene. International Affairs, 87(5), 1205-1218. An understanding of the impact of cultural politics on the development of a global view of human rights is the center of the discussion within this article. The discussion that is presented within this paper represents an empirical investigation of two major debates on the issue of human rights. The cultural particularistic on one hand and the western notions on the other hand are presented as opposing view on the issue of human rights which have been influenced by the cultural politics surrounding this phenomenon. A detailed review and debate on the concept of human right is presented by the author in a logical and convincing manner. The notion or concept of human rights is described as an adjunct of the European culture. The spread of this notion to other parts of the world as described in the paper demonstrates its usefulness in arguing on how human rights should be understood in regard to the global and cultural views as presented in the thesis of the essay. Assignment II: Essay Various debates have been staged in regard to the notion of human rights. These debates show opposing arguments on the universality of this notion versus its cultural understanding. The concept of human rights has been viewed from philosophical, cultural, religious, political and legal dimensions. Because of this, several views, norms, assumptions and opinions have been presented on this notion. Moreover the application of the concept of human rights within global and local perspectives has resulted in conflicts of understanding of this concept. In line with these observations, this essay seeks to determine whether the concept of human rights and its applicability should be understood in relation to universal concepts or as a cultural relative. An illustration of the rights of women and those of children is used to exemplify both the global and cultural understanding of the concept of human rights as viewed from a universal angle and the cultural point of view. According to the declaration of the UN, all human rights are universal, interdependent, interrelated and indivisible. This is so regardless of the economic, social cultural, religious and political systems within which human beings operate (Iovane, 2007). In addition, the UN protects human rights within the framework of race, language, age, religion or sex. This shows that women and children as examples are subjected to these universal rights. In opposition to the universal notion of the concept of human rights as postulated by the UN declaration, some schools of thought argue that human rights should be understood from the perspective of culture because of the unique beliefs and understanding of various aspects of the society and human living (Kathrani, 2012). This demonstrates the need for discussing various point of views to argue whether human rights should be understood within the context of culture or the universal view as declared by the UN. The roles of women within the western societies differ to a large extent when compared to the non-western societies. These roles vary in relation to the rights that women have as compared to their male counterparts. For example in western cultures, gender equality is highly regarded as compared to some non-western cultures, such as some parts of Africa, where men are presented with more opportunities as compared to their female counterparts. These examples demonstrate that there are divergent views and understanding of the concept of human rights. It is believed that the concept of human rights emanated from the western culture and spread to other parts of the world (Gregg, 2010). It is further argued that the notion of human rights as viewed from the western cultural point of view is at contrasting odds or opposition with the non-western cultures (Silberman, 2012). These arguments show that there serious oppositions towards the universal view of human rights. However not all of such oppositions are justifiable which makes it necessary to discuss the reason why an understanding of the concept of human rights should be based under a common ground or denominator. Because there is no global culture, it is argued that the cultural understanding of the notion go human rights is more relevant (Meskell, 2010). On the other hand some philosophers emphasize that such understanding is a representation of individualistic and limited view of human beings (Kathrani, 2012). However, this not in line with the collectivist views of non-western cultures as opposed to the western cultures which view individual development as more important than a collective growth. For example, some non-western cultures consider duties, roles or obligations to be more important within the society as compared to rights (Silberman, 2012). It can be argued though that roles cannot be performed effectively of human rights are not protected in performing these roles. An illustration of women roles in non-western cultures such as in Africa shows that there are violations of their rights when viewed from a universal perspective. Cultural beliefs such as that of the Chinese people have very high regard for human values such as the rights of children and dignity for their women (Jing-Bao, 2008). These values are in line with the universal view of human rights. In this sense, it is reflective that a universal view of human of the notion of human rights is the most appropriate approach of comprehending this issue. Regardless of this, some schools of thought reflect that human rights and all the notions and ethics pertaining the life of individuals within the society are culturally particular (Gregg, 2010). However, the particular nature of human rights such as the rights of children for education should be generalized and viewed from a universal or global perspective. This will prevent possible violation of the rights of children because of cultural beliefs of various societies of the world. It is, therefore, sensible that a universal understanding of the notion of human rights is more convincing. The universal view of human rights has been employed in resolving conflicts that emanate from the level of a particular culture or society (Meskell, 2010). In this regard, a universal view of human rights is appropriate because of the applicability of this concept in solving culturally based conflicts. For example violation of the rights of women and children within a cultural context have employed the universal definition of human rights as presented by the UN declarations as a way of coming up with solutions. On the other hand, culture is argued to be undergoing constant revolution. This makes the application of a universal concept of human rights within cultural contexts less appropriate. However, the revolution of culture is towards a common identity which is motivated by the forces of globalization. In this context therefore an understanding of rights should be from a unified point of view rather than the limited cultural view of rights. The contemporary society is characterized by diversity of cultures. This illustrates that the interaction of people and activities of diverse society must be governed by ethics and morals which emanate from a universal view of human rights. This makes a universal understanding of this notion more significant. Regardless of this, the issue of human rights is surrounded by cultural politics. For example, it is postulated that the universal view of human rights and its declaration by the UN is an old concept which was coined by colonial masters to achieve their interests and goals within the electorate (Reus-Smit, 2011). The cultural politics on this notion further illustrate that the concept of human rights as postulated by the declaration of the UN is completely foreign to the non-western cultures. However the fact that various cultures are signatories to the UN means that the global view of the human rights is appreciated and therefore the rights of children and women should be protected within the universal framework of rights. Therefore, it makes more sense that a universal understanding of the concept of human rights is viable. This will ensure that a common framework of rights protects all people from any form of injustice. Every society of the world regardless of culture has various concepts in law, justice, dignity, and protection from any oppression, participation in community affairs, education and government. These aspects of the society protect the rights of children and women. For example the participation of women in societal activities is governed by their rights. In addition the protection of children and their participation in education programs are also protected by their rights as defined by the cultural norms and values (Meskell, 2010). These arguments are reflective of a cultural understanding of the notion of human rights. However it is notable that the level at which women and children are protected by the culturally defined rights vary significantly. This is because of the differences in values for various aspects and roles in the society such as education and development (Silberman, 2012). In this sense, it is evident that a common denominator for the various aspect of the society is required so that women and children are equally protected by a universal form of norms and ethics. Therefore a universal understanding of the notion of human rights is more appropriate and convincing as opposed by a culturally limited view. In the light of the above discussion, arguments and illustrations, it is conclusive that a global understanding of the concept of human rights makes more sense as compared to the cultural view of this concept. This conclusion is reached in regard to the observation that different cultures and societies are governed by ethics, norms and rights which pertain to issues of dignity and value for human life which is in line with the universal understanding of human rights. In addition, the universal rights as presented by the declarations of the UN have been used by cultures to solve various conflicts. Even though it is argued that the notion of universal human rights is a western concept which cannot be applied in non-western societies, the diversity of the society as propelled by the forces of globalization dispute this view. This means that all members of the society, especially women and children as the most vulnerable groups, must be protected by universally understood human rights. References Gregg, B. (2010). Anti-imperialism: Generating universal human rights out of local norms. Ratio Juris, 23(3), 289-310. Iovane, M. (2007). The universality of human rights and the international protection of cultural diversity: Some theoretical and practical considerations. International Journal on Minority & Group Rights, 14(2/3), 231-262. Jing-Bao, N. (2008). Cultural values embodying universal norms: A critique of a popular assumption about cultures and human rights. Developing World Bioethics, 5(3), 251-257. Kathrani, P. (2012). Quality circles and human rights: tackling the universalism and cultural relativism divide. AI & Society, 27(3), 369-375. Meskell, L. (2010). Human rights and heritage ethics. Anthropological Quarterly, 83(4), 839-859. Reus-Smit, C. (2011). Human rights in a global acumen. International Affairs, 87(5), 1205-1218. Silberman, N. A. (2012). Heritage interpretation and human rights: documenting diversity, expressing identity, or establishing universal principles? International Journal of Heritage Studies, 18(3), 245-256. Read More