Universality of Human Rights - Essay Example

? and Section # of INTRODUCTION The Taliban government, in May 2000, ordered the stoning of women to death on the charges of adultery. Likewise, Britain offered refuge to two women to save them from flogging and stoning as they had been charged of committing adultery in Pakistan. In Florida, several people were fried to death on an electric chair in the recent past. In Palestine, there are excesses conducted on behalf of the Israeli forces with no value to life and dignity. In Kashmir, hundred are tortured each day without any trial and due process. Article 7 of the International Covenant on Civil and Political Rights (ICCPR) states that “no one shall be subject to cruel, inhuman, or degrading treatment or punishment" – according to which the world rejects stoning and flogging, but not death penalties by electrocution and lethal injections. Another UN convention that disregards all forms of discrimination against the women disallows all what Taliban does to the women. While the religious zealots in the East question the degradation of western women in the form of pornography, lesbianism, prostitution and other forms of social evils. The west protects it in the names of its freedoms. Despite several Security Council resolutions, there has been no action against the Israeli blatant human violations. Therefore, over the last 65 years, the same question is raised again and again: are human rights universal? If yes, to what extent?1 HUMAN RIGHTS “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status.” The Office of the High Commissioner for Human Rights proposes that the human rights are absolute, undeniable, equal, non-discriminatory and interdependent. It states that these rights are an inseparable part of a person living in any part of the world. Therefore, it promotes it universality and argues that this ‘universality’ is the backbone of the international covenants of human rights. 2 UNIVERSALITY OF HUMAN RIGHTS International Law recognizes this universality of the human rights. It establishes the fact that the human rights are natural born rights “for all without distinction”. This universality is itself embodied in the name “Universal Declaration of Human Rights” and in the language of the charter. The preamble of the UN charter of human rights states this universality in the words “common standard of achievement for all peoples and all nations". The West propagates this universal nature of the rights and establishes that these rights are owned for every men and women in every corner of the world.3 History pays homage to the West for development of the Human rights. The idea picks up in the minds of the enlightened philosophers in the old Greece, followed by the Romans through their Catholic Church and then moves up to the Northern Europe and Northern America. It develops its firm roots in the shape of Magna Carta in 1215 in Britain, in the shape of American Declaration of Independence in 1776 in America and in the shape of French Declaration of the Rights of Man and of the Citizen in 1789 in France. The French Declaration was outspoken in its words for the development of the human rights. The opening words of the document stirred the world, “The representatives of the French people, organized in National Assembly, considering that ignorance, forgetfulness, or contempt of the rights of man are the sole causes of public misfortunes and of the corruption of governments, have resolved to set forth in a solemn declaration the natural, inalienable, and sacred rights of man.”4 Nonetheless, many historians opinioned that the development of universal human rights surged in the recent history with the codification of the International Law since the end of the Second World War. The formation of the Universal Declaration of Human Rights in 1948 and the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights in 1966.5 The universality of the human rights was reinforced in the Vienna Declaration and Program of Action which states a common standard for all people of the world. This declaration states, “All human rights are universal, indivisible and interdependent and interrelated". This statement in this declaration clearly reinforces that the rights are not dependent on color, race, nationality, sex, economics or power- these rights are common for all people- rich or poor, white or black, and modern or traditional.6 There are people who strongly believe in the universality of the Human Rights. They state that the bigger developing countries like China, Brazil and India played an important role in the development of the human rights covenants. Similarly, almost all states have ratified the conventions especially the declaration rendering their presence at the drafting irrelevant. The objection over the promotion of individual rights over the state rights is considered weak. The proponents of the universality propose that individual rights can breed under the group rights. It will help people to protect themselves when the groups upon their individual rights.7 Similarly, the proponents propose that the universal human rights do not promote one universal culture; however, it only sets a bare minimum requirement necessary for the protection of human respect and life. They illustrate that human rights respects the diversity in culture; therefore it has only set bare minimums. The Universal Declaration of Human Rights protects its very right to enjoy its own culture and protection of its cultural heritage. However, that right is limited to an extent that it does not harm the cultural rights of the other people and societies.8 CRITICISM TO THE UNIVERSLITY OF HUMAN RIGHTS However, critics resist the growing consensus about the universality of the human rights; and deemed it as a western concept for the rich and powerful. Critics believe that it is an ethical mask in the hands of the Global North who establish it as a universal idea to pursue their own colonial and economic interests. Critics question the universality of the human rights on the basis that anything can be universal in this multi-cultural multi-ethnic global world. They emphasize that the human rights are a western concept that ignore the social, cultural, political and economic norms of the eastern world. There is a common example given to illustrate the questionability of the universal human rights. When you stop a man from beating his wife, are you violating the rights of the man or perpetuating the rights of the wife. On a whole, there are several arguments that are put forward to dispute the claim by the western world about the universality of the human rights.9 The first argument put forward in on the philosophical lines. The critics forward the argument there is no universal culture. The world is a place full of diverse cultures with different norms, values, traditions and customs; therefore there can no universal rights. It is put forward that the African societies give priority to group rights over individual rights. Likewise, in eastern world, a society is considered as greater than sum of its individuals, emphasizing that the societal duties have more value as compared to individual rights.10 Another argument put forward is the biasness of the westernized world. They enforce the rights that they regard highly in their customs and traditions. The most debated issue is the rights of the women. In this culturally diverse world, the rights of the women are diverse and varied. Different societies hold their women in different self-esteem. Therefore, the universality of the human rights has been questioned.11 Religious critics put forward the argument that anything that is not founded on the transcendental level cannot be considered universal. Similarly, human rights laws that have been compiled by an assembly of man cannot be universal; and cannot claim to be a part of a Godly heritage. It will have its flaws and limitations.12 Several strong critics believe that the propagation of the human rights as a universal phenomenon is only a cover for the interventions of the Western world in the affairs of other smaller countries. It is a new form of colonialism. Likewise, it is proposed that these rights are simply a manner to induce the western thinking, lifestyle and values around the world as a part of the manifest destiny.13 Several states consider promotion of the universal values as a threat to their identity, values and customs. Some states protect their tights under the label of national sovereignty and exempt themselves from the universal charter. Others like Singapore proceed on the lines of staying outside the universal charter by promoting their Asian values. 14 In 1997, Malaysian Prime Minister Mahathir bin Mohamad advocated the repealing of the universal charter of human rights on the basis it promoted individual rights as opposed to the societal values and common good. Australian former Prime Minister Malcolm Fraser suggested scraping of the charter on the basis that it reflected the values of the American and the European society ignoring those of all the other states of the world.15 REAL LIFE ILLUSTRATIONS All the states have ratified at least one treaty relevant to the human rights; whereas eighty percent have ratified four or more treaties relevant to the human rights. This reflects upon the consent of the states to give universal jurisdiction to the rights. Likewise, there are few fundamental rights where are entitled to every man and women living even in the most remote parts of the globe. However, the universality of the human rights is limited to a certain extent. There are several fundamental rights that are universal in nature without any doubt. The right to life is the most fundamental of all. Irrespective of what you are a part of, this right is the inherent privilege of every man and women in this world. However, that very right has put to the test and has been violated. Millions of babies lose their life to abortion. Now, this is considered as one of the most serious human rights issue. Despite the universality propagated, different countries follow different laws and destroy the universal nature of this basic fundamental right. The Taliban culture does not allow women to go outside their houses without being accompanied by a brother or husband, their access to public education is limited, they are not allowed to join co-educational institutions, they are not allowed to work outside their homes and they are not supposed to come into contact with unknown men. It is their tradition, their norms, their values and their family system; does this mean they are violating the human rights? This Taliban demands that they be left alone to pursue their own religious and cultural values. They do wish that the West enforces the western values and cultures into their society. Since 2011, around 70,000 people have been killed in streets of Syria-majority of them innocent old men, women and children. There are reports of systematic torture, kidnappings, rape, targeted destruction and acts of genocide. The world condemns these acts of butchery and blatant violations of international human rights; however it fails to operate and apply the universality of the human rights. It is a national act within the borders of nation; therefore, require a Security Council approval for intervention.16 Guantanamo Bay, a US prison in Cuba, violates the fundamental laws of human rights right under the nose of United Nations and the world. It is detection centre for the suspected terrorists plotting against the United States. The word ‘suspect’ is here of critical importance as these people have not been proven guilty. They have been detained with any fair trial and due process; violating two of the most fundamental principle of the “so-called” Universal Declaration of Human Rights”. “Everyone has the right to recognition everywhere as a person before the law17” and that “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him18” are being openly violated by the US. Further insights by the International Red Cross into the prison reveal that the prisoners are tortured and treated inhumanely. Several interrogation techniques were used that involved physical and sexual abuse; including homicide. This is a fundamental violation of the universal human rights. 19 Amnesty International, in its 2009 report, put forward revealing facts about the breach of the fundamental rights of the people. First, it stated that there were gross human right abuses in 81 countries. Second, people in 54 countries are a victim of unfair trial and due process. Third, 77 countries have restricted freedoms of expression. These facts reveal the violations of the universal human rights. Likewise, hundreds of thousands of men and women have slaughtered to death- mostly non-combatants- in Iraq, Afghanistan and Syria in the recent years. It is violation of the Article 3 of the Universal Declaration of Human Rights which promotes the right to live freely.20 CONCLUSION Human rights are natural born rights of every man and woman-be it in United States or be it in Kenya. These rights are indisputable liberties and privileges that cannot be challenged or snatched at force. However, the universality of the international human rights has been questioned for decades. Despite the fact that almost all nations are signatories to the declaration and agree to the conventions; there are blatant violations even by its drafters and propagators. Likewise, a simple westernized majority understands and applies the concepts of human rights. It is universal only for a few rich and powerful; while those at the bottom of the ladder have no concern for the human rights. The universality of the human rights has been challenged on the basis of a multi-diverse cultures, norms, values and traditions. Since there is no universal culture, there can no universal human rights. With the difference in culture, there are different values and norms, different identities as a whole and different rights and duties. Critics again debated against its universality propagating that it is a threat against the identity of nation as a whole. Similarly, it has criticized for being a western cover-up for interventions in the third world countries. Therefore, we can say that the universality of the human rights can be said to be limited to a certain extent. BIBLIOGRAPHY Books Donnelly, J. (1993). International human rights. Boulder, Colo, Westview Press. Webistes Ayton-Shenker, D. (1995) The Challenge of Human Rights and Cultural Diversity. [online] Available at: http://www.un.org/rights/dpi1627e.htm [Accessed: 18 Apr 2013]. Donahoe, E. (2013) U.S. Strongly Condemns Assad Regime’s Brutality and Blatant Violations of Intl. Humanitarian and Human Rights Law. [online] Available at: http://www.humanrights.gov/2013/03/12/u-s-strongly-condemns-assad-regimes-brutality-and-blatant-violations-of-intl-humanitarian-and-human-rights-law/ [Accessed: 18 Apr 2013]. Franck, T. (2001) Are Human Rights Universal?. Foreign Affairs, 80 (1), p.191-204. Available at: http://www.jstor.org/stable/20050052 [Accessed: 18 Apr 2013]. Gearty, C. 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