Argument on Whether Universal Human Rights Is Really Western Human - Literature review Example

Universal Human Rights Are Really Western Human Rights.’ Discuss Table of Contents Introduction 3 Discussion 4 Critical Evaluation: Argument on Whether Universal Human Rights is really Western Human Rights 6 Universality of Human Rights 10 Conclusion 11 References 13 Bibliography 16 Introduction In the modern day context, where the society has to deal with several challenges in every day scenarios, the threats on the wellbeing of the people has become quite prominent. Now-a-days, people in the society are not considered safe in the environment they live owing to various aspects that give rise to unacceptable scenarios in front of the people, which affects them unfavourably to a major extent altogether. These aspects not only affect the wellbeing of the people but these also inhibit their common rights in the society. In this regard, it becomes important to have proper laws and regulations framed that safeguards the rights of the people living in the society from various corners of the world in a universal manner. Contextually, the concepts of human rights can be taken into consideration (Welse, 2003: 11-29; Chandler, 2002: 15-28). Conceptually, human rights are commonly referred as those legal regulations that are applicable for each and every living human irrespective of their race, nationality, caste or culture to which they have their belonging. It is a direct approach of legal authorities towards dealing with the increasing number of challenges associated with the aspects of discrimination in the society (Chandler, 2002: 20-26). Notably, the impact of the western world on the human rights followed universally has been observed as quite high and at quite a considerable margin. Hence, the universal human rights of the world are debated to be similar to that of western human rights. In order to depict an in-depth understanding in this particular regard, this essay will portray a thorough discussion on whether universal human rights are actually westernised human rights, with the help of secondary research through collecting and accumulating data and informations from reliable journals, literatures and articles. Discussion Henkin (1989) described human rights as a multidimensional notion, related to equality principle in a national as well as international justice procedure, ideology of a “good society”, and democracy, but is certainly not confined to either of these paradigms that are equally essential to develop the shape of human society. In the words of Henkin (1989), “...the human rights idea declares that every individual has legitimate claims upon his or her own society for certain freedoms and benefits” (pp. 11). In the recent decade, it is apparent that with changing scenario of the society, the wellbeing of the people living in the same is under severe threat. Contextually, the concept of human rights came into existence. It is a particular set of regulations, which are equally applicable for each and every human living in today’s society in a comprehensive and universal manner. The most generally referred meaning of human rights indicate it as a formation of those legislative provisions that are intrinsic for each and every individual living in the modern day society. Its applicability over people living in various corners of the society is irrespective and unaffected from the aspects of race, nationality, gender, age, language or any other social aspects. It is apparent that people living in the contemporary society are inherently affected from any sort of discrimination (OHCHR, 2012). Apparently, all these rights are “interrelated, interdependent and indivisible” to one another. The uniformity of this sort of rights for the humans are often been protected by legal authorities in the global scenario with the formation of treaties, global laws and principles among others. Observably, the global human rights provisions instruct governments of every nation to follow a well-defined specific set of rules and to refrain from particular acts that might hinder proper application of the human rights for each and every individual within a given political periphery. This approach is also to safeguard the effectiveness of human rights around the world and avoid civil conflicts (Tharoor, 2001). Notably, the principle of universality associated with the notion of human rights is one of the most important components of the law in the contemporary society today. The principle of universality of the human rights was proposed in 1948 Vienna convention of the international human rights. In the Vienna world conference, the international human rights commission depicted that it is the duty of every nation of the world to promote the various provisions of human rights equally for every citizen irrespective of the nature of political or cultural conditions of the country, which is reportedly when the concept of Universal Human Rights was framed (Brems, 1-25). More than 80% of the states of the world have been approving human rights based on treaties or international laws, which further made them bound to maintain the universality of the law in terms of its application. It has also been analysed that some of the fundamental norms or values associated with the human rights regulations have been directly protected by the international laws applicable across all demographics and civilisations. Additionally, it will also be worth mentioning that the concept of human rights prevailing in the global scenario is quite rigid in nature, which further depicts that these laws cannot be taken away from any human being except from any special situations where the aspect of crime is involved. This can be better comprehended with reference to the fact that the right to liberty is equally and universally applicable for each and every individual, but it is restricted for a person who is held liable for any particular crime by the court of law (Bagchi & Das, 2012: 165-205). As depicted earlier, all the laws associated with the concept of human rights, which primarily comprise of ‘right to freedom’, ‘right to equality’, ‘right to work’, ‘right to education’ and ‘right to life’ are interrelated as well as interdependent on one another. This particular aspect refers to the fact that the proper application of any one of these rights is directly interrelated as well as interdependent on the proper applicability of the other laws constituted under the human rights concept. This simply means that the improvement of one of the laws directly influences the other favourably, while the withdrawal of the one might adversely affect the other (Bagchi & Das, 2012: 165-205; Brems, 2001: 1-25). It has also been comprehended that the human rights laws of the world is non-discriminatory in nature. Discrimination is one of the widely known elements that directly hinder proper application of the human rights regulations. Contextually, the international human rights convention has been developed with the prospect of non-discrimination in each of the treaties associated with the human rights laws. The treaties advocate the elimination of racial or gender discriminations with regard to the application of human rights (OHCHR, 2012). Critical Evaluation: Argument on Whether Universal Human Rights is really Western Human Rights Observably, the universality of the human rights of the world has been a matter of continuous debate and discussion in the international realm recently. The debate in this particular regard extends as well as shifts from the factor of universality of human rights to that of the factor of western influence on the human rights of the world. Arguably, the philosophy of universal human rights of the world has often been referred as human rights of the western world owing to their extensive participation in framing the enacted provisions (Huntington, 2007: 19-56). The human rights of the world are often deemed individualistic in nature and have mostly been implemented in the non-western nations of the world to enable them to gain independence. It has often been depicted in this context that though the concept of human rights is universally applicable, the laws associated with the same directly relates to the western culture. Arguments were also raised concerning the aspect that universal human rights refer to a particular notion that has been derived from the western framework of democracy. It further depicts that the universal human rights can be claimed by people on the basis of their advantages or disadvantages, which further impacts the principle of equality while ensuring the applicability of the human rights legalisations. These arguments against the applicability of the universal human rights further challenges the west in terms of their perceptions about their own self where they depict that they have maximum understanding about the human rights provisions and less resemblance with other cultures or nations of the world (Himmelfarb, 2010: 11-34). The study findings argued in Huntington (2007) and Himmelfarb (2010) further depict that the human rights concept were mainly been adopted from the western world owing to their civilisation where a deep influence of human rights practices were apparent. A more comprehensive understating is provided by the study of Bagchi & Das (2012) wherein the arguments depicted that human rights can be occupied by any individual around the world in order to suffice their basic life requirements of food, shelter and health. However, critical arguments are still being conducted in order to identify the base from where the universal human rights of the world have emerged. This question can only be answered through the analysis of the western civilisation and the history associated with it. In this context, Fine (n.d.) affirmed that the declaration of independence by the Americans were immediately followed by the declaration of independence of France, which further develops an ancestral relation in terms of intellectuality amid the Europeans and Americans. It is believed that every society in the early days were aware of the concept of human rights (Bagchi & Das, 2012: 85-110; Fine, n.d.: 1-7). This further reveals that both the Americans and the France civilisation were integrated with the concept of human rights. Hence, it is apparent that the role or the influence of the western world on human rights formation is quite prominent (Moeckli & et. al., 2009). Agreeing to this particular notion, the findings discussed by Bielefeld (2000) connects the ideologies of human rights as prevalent in the modern day scenario with the approach of the ancient Stoicism. The concept of human dignity along with rights for the people was very much prevalent in the Stoic philosophy. Bielefeld (2000) also discussed about the historic origination of the human rights in the Netherlands during the “Dutch protestant liberation movements”. The movement directly intended to ensure rights as well as liberties for the Dutch people (Bielefeld, 2000: 90-121). These aspects further depict extensive association of the world with the formation of the human rights. This particular study of Bielefeld (2000) depicts the extensive involvement or influence of western world on human rights further affirming the argument that the universal human rights are immensely related with the principles of the western human rights. According to Moeckli & et. al., 2009, history of the western civilisation suggests that revolutions in the 18th century advocated the elimination of slavery practices further leading to the declaration of the rights to the citizens in France and America. However, the commitment of the western world towards human rights can also be analysed from the fact that after the declaration of certain humanity rights for the people of the country, the practice of slavery continued for quite a considerable period. Again, in similar regard, Pollis & Schwab (n.d.) depicted that human rights in a universalised form refers to a western concept, which is likely to have minimum applicability. Findings of this study affirms that since the origination of the concept of human rights directly owes to Western Europe as well as Northern America, it can be depicted as a western concept although partially (Pollis & Schwab, n.d.: 1-17). These studies apparently revealed a direct relation of the western world with regard to the inception of the human rights laws around the world, universally. With reference to this fact, it can be argued that the universal human rights are the western human rights, although the contradictory points to such a notion is worth to be considered. However, the other side of the coin also depicts about the extensive involvement of various nations of the world including both the Asian and the African countries in the formation of the human rights laws currently practiced in a universalised manner. During the universal declaration of the human rights in the 1948 General Convention, 48 member countries out of the 58, had voted in favour of the formation of human rights that would be applicable universally. In fact, the participation of the non-western and Latin countries in the formation of human rights was high as compared to that of the western delegates (Donnelly, 2003: 5-28). This reflects upon apparent arguments against universal human rights also being referred as the western human rights. However, another argument raised in Said (1985), depicted about the cultural influences of western world on the notion of universalized human rights. It has been argued in this regard that the human rights provisions followed around the world today, is individualistic in nature and protects the wellbeing of the people in the society individually. This particular concept of individualism is often believed to be a cultural product of the western world, which is opposed to the collectivist traditions of the non-western nations of the world (Said, 1985: 89-107). This particular justification also shows strong influence of the western world on the significance of the human rights. In order to attain a more specified conclusion regarding the influence of western world on universal human rights, the study of Butler (2008) will also be crucial to consider. According to Butler (2008), cultural influence and modernity in the human right laws largely owes to the European or the western nation of the world rather than that of the non-western countries. Butler (2008) further argued the issues of providing rights to gay or lesbian couples has directly evoked from the European nations, which is again quite inherent to their cultural contexts and therefore, indicate a strong influence of western culture on the ‘so called’ universalized human rights provisions (Butler, 2008: 1-23; Halliday, 1995: 152-167). From the overall arguments, it can be depicted that the idea of human rights has been largely developed from the western world as per the historic evidences suggest. On the other hand, the role of the non-western countries in the formation of a structured set of human rights could also not be ignored. However, only because the idea of human rights has developed from the western culture, it shall be bias to depict the universal human rights as western human rights. Since, it is developed for the betterment of human beings in the society, it should be universally accepted all over the world. Universality of Human Rights As previously mentioned, it is often argued that there is a strong influence of the western world with regard to the formation of human rights regulations that is deemed to universally be accepted all over the world. However, in order to enable wider applications of the human rights in nations all over the world, it is important that each and every nation can relate their cultural aspects with that of the significance of the universal human rights. As can be apparently noted from the above discussion, the influence of the western culture on the formation as well as origination of the human rights has been quite vital. Apparently, the notion of human rights has been observed to directly emerge from the western culture, which includes the European nations in general. However, certain aspects, such as full cooperation of the Asian and other non-western nations of the world during the systematic formation of the human rights again depict the universal acceptance of these rights. Furthermore, it has also observed from previous sections of the discussion that the human rights provisions of the world assure that each and every human being in the world are being treated equally in the society, irrespective of their caste, creed, nationality, race and gender among others. The human rights laws stress more on delivering equal rights to all the people of the world with the elimination of discrimination. These approaches of the law directly advocate the aspect of universality for all. All the articles associated with the human rights law of the world clearly and directly state equal treatment for every individual irrespective of their cultural, racial, sexual and economic diversities, in terms of their ‘right to live’, their ‘right to speak’, their ‘right to education’, ‘right of legal treatment’ and ‘right to marriage’ among others (Gearty, 2014; UN, n.d.). Hence, it is quite apparent that the human rights, which is also practiced in various nations of the world, is equal for all human beings and thus can be considered as universal rather than considering it only the human rights of the western world. Conclusion From the overall study, it can be apparently comprehended that in the contemporary scenario, the people in the society in each and every corner of the world is under severe threat from various unfavourable challenges, which require prevention as a more effective mechanism than cure. In this particular context, the need of having a set of laws that can ensure the wellbeing of the human beings in the society has become quite prominent. Therefore, the aspect or the legislative approach of human rights came into being. Apparently, ‘Universal Human Rights’ notion refer to a particular set of rights that is applicable universally based on the principle of equality to each and every person in the society irrespective of their gender, race, nationality and culture or any other forms of diversities. However, it has often been argued that the universal human rights applicable all over the world are westernised owing to the immense influence of the western world on its provisions. Contextually, the discussion of the paper depicted about the extent of contribution of the western nations and non-western nations towards the formation of the human rights law. The results affirmed that even though the idea of human rights is directly a product from the western world, the contribution of non-western nations in the formation of a formal set of human rights could also not be ignored. Hence, referring universal human rights as western human rights is not justifiable completely. References Bagchi, S. S. & Das, A., 2012. Human Rights and the Third World: Issues and Discourses. Lexington Books. Bielefeld, H., 2000. "Western" versus "Islamic" Human Rights Conceptions?: A Critique of Cultural Essentialism in the Discussion on Human Rights. Sage Publications, Vol. 28, No. 1, pp. 90-121. Brems, E., 2001. Human Rights: Universality and Diversity. Martinus Nijhoff Publishers. Butler, J., 2008. Sexual Politics, Torture, and Secular Time. The British Journal of Sociology, Vol. 59, No. 1, pp. 1-23. Chandler, D., 2002. From Kosovo to Kabul: Human Rights and International Intervention. Pluto Press. Donnelly, J., 2003. Universal Human Rights in Theory and Practice. Cornell University Press. Gearty, C., 2014. Are Human Rights Truly Universal? Home. [Online] Available at: http://www.conorgearty.co.uk/pdfs/Chapter_29_UniversalityFINAL.pdf [Accessed March 18, 2014]. Moeckli, D. & et. al., 2009. International Human Rights Law. Oxford University Press. Fine, R., No Date. Week 4 the West and the Rest: The Dialectics of Universality and Particularity. The University of Warwick, pp. 1-7. Halliday, F., 1995. Relativism and Universalism in Human Rights: the Case of the Islamic Middle East. Political Studies, pp. 152-167. Henkin, L., 1989. The Universality of the Concept of Human Rights. Annals of the American Academy of Political and Social Science, Vol. 506, pp. 10-16. Himmelfarb, G., 2010. Poverty and Compassion: The Moral Imagination of the Late Victorians. Random House LLC. Huntington, S. P., 2007. The Clash of Civilizations and the Remaking of World O. Simon and Schuster. OHCHR, 2012. What are human rights? Home. [Online] Available at: http://www.ohchr.org/en/issues/pages/whatarehumanrights.aspx [Accessed March 18, 2014]. Pollis, A. & Schwab, P., No Date. Human Rights: A Western Construct with Limited Applicability. University of Houston, pp. 1-17. Said, E. W., 1985. Orientalism Reconsidered. Cultural Critique, No. 1, pp. 89-107. Tharoor, S., 2001. Are Human Rights Universal? Home. [Online] Available at: http://www.thirdworldtraveler.com/Human_Rights/Are_HR_Universal%3F.html [Accessed March 18, 2014]. UN, No Date. Preamble. Home. [Online] Available at: http://www.un.org/en/documents/udhr/ [Accessed March 18, 2014]. Welsh, J. M., 2003. Humanitarian Intervention and International Relations. Oxford University Press. Bibliography Callaway, R. L. & Harrelson-Stephens, J., 2007. Exploring International Human Rights: Essential Readings. Lynne Rienner Publishers. Donnelly, J., 2006. The Relative Universality of Human Rights (Revised). Working paper No. 33. [Online] Available at: http://www.du.edu/korbel/hrhw/workingpapers/2006/33-donnelly-2006-rev.pdf [Accessed March 18, 2014]. HRW, 2013. Morocco/Western Sahara. World Report. [Online] Available at: http://www.hrw.org/world-report/2013/country-chapters/morocco/western-sahara [Accessed March 18, 2014]. Weiwei, Z., 2010. Western Concept of Human Rights Too Rigid. Global Times. [Online] Available at: http://www.globaltimes.cn/opinion/commentary/2010-10/587536.html [Accessed March 18, 2014]. Read More