Are Human Rights Universal - Coursework Example

ARE HUMAN RIGHTS UNIVERSAL? (Author’s name) (Institutional Affiliation) Introduction International law and international relations has debated in depth the concept of human rights. Some scholars have argued that human rights mostly depend on cultures and state of a country. Are human rights universal? Yes they are universal because every human being is equal in every region of the world. Culture might differ but they all demand for equal responsibilities and rights to protects themselves. This paper will mainly focus on human rights being universal across the globe and also differences in human rights on bases of culture. Theoretically the term universal on human right can be argued as self-evident, inalienable and similar to all human kind across the world. Rights that are accepted in countries all across the globe are referred to as universal rights. After human rights universal declaration in 1948, various nations have accepted some of rights such as right to life, right to freedom and various others. Both culturally and traditionally human rights universalism are rooted deeply on liberal traditions of the western nations and thus for the rights to be referred to as universal it has to stretch across all region of the world. Despite the gaps between western principles and other nations across the world some similarities in cultures, ideological values and religions all human being are affected by almost similar issues. The common ideologies make it easy for human rights to be accepted universally. Body For scholars to assert that human rights are truly universal, they must proof that the rights are available and accessible by every human being in all nations (Donnelly, 2013). The biggest challenge on universalism of human rights is culture. Rights that are passed in relation to culture of a nation might differ from one country to another due to culture relativism. Most human rights considered to be universal have their roots from the western culture part of the world. Even though most human rights are based on western culture, all cultures across the world value human being peace and respect of life of their citizens and thus these cultures have placed greater importance on protecting individual rights. These cultures have built standards which have best in shielding individuals, making human rights paramount to all human kind across the globe (Donnelly, 2013). For this reason every human being from any part of the globe is entitled to similar privileges and rights regardless of their nation’s ideologies and cultures. Every human being is equal; hence they should enjoy equality before the law with human rights focused on every individual’s life and dignity important as that of another in various regions of the world. There are various organizations that have focused on ensuring that it is essential for human rights to be globally equal. Governments have ensured that they do not go the opposite of human rights; they act upholding human rights that have been declared by global world to protect human being (Baehr, 2016). Human rights are without no doubt universal, political leaders those have been seen to violate rights of human have not escaped punishment from world super powers for their actions. This is enough proof that regardless of cultures and political ideologies, human beings across the globe share the same rights and consequences follow those who do not follow them. Various leaders have been punished for violating human rights; this is a good example that global community does not treat countries differently even though nations have culture differences (Baehr, 2016). Some scholars argue that western concepts that do not consider economic, political and cultural realities of other nations across the globe were not used during the amendment and creation of human rights (Thomsen et al., 2014). Some cultures are inhuman and they could not be referred to during making of human rights, therefore only those cultures that are beneficial to human being can be adopted to protect human kind. Countries have showed the need for human living standards that are descent. Condition like illness, oppression starvation, war and thirst has made it difficult for human kind to survive in these regions (Thomsen et al., 2014). Therefore world organizations have taken a step further in ensuring the cultures that have played part in limiting freedom of human being are abandoned and universal human rights are adopted with seriousness in order to protect lives and freedom of people living in these regions The formation of international communities which include International Criminal Court institution (ICC) has played a greater role in universalism of human rights. If human rights were not universal then it will be very difficult for these kinds of institutions to carry their duties and responsibilities because there would always be existence of conflict because of human rights differences from various member states across the globe (Thomsen et al., 2014).These institutions are guided by human rights that have been pronounced universal for them to run and represent each member states equally. Human rights have been altered to suit various nations’ environmental situations. These changes do not mean that universalism of human rights has been abandoned (Renteln, 2013). Human rights are universal because they speak to every individual across the globe regardless of their different cultures (Engle, 1999). The rights were created in such a way that they do not in any way impose a particular standard of culture from a certain region but they were made from a legal standard that was necessary for protection of human dignity in every region of the world. United Nations adoption of legal standards in formulation of human rights shows that these rights were created for the universal benefit but not for the advantage of one particular nation (Pillay, 2008). These rights do not represent the cultural imperialism for certain set traditions but the international community with hard-won consensus. The reason for the claim that human rights are universal is that organizations such as Human Right Watch have been keen in making anyone from various regions violating the rights accountable for their actions (Pillay, 2008). The similarities that exist between human as global community members, shows that they follow same legal duties and rights. Countries across the world have good relations through following similar legal human rights that ensure that there is freedom of movement cross nations and if a citizen of one nation commits an offence while on another country he or she is answerable to laws as a human being. Many states have cultivated universal jurisdictions in there municipal courts making decisions that affect human rights in a global arena. These steps to globalize human rights have widened successfully human rights accessibility making the rights universally accepted by groups and individuals in various regions of the world. The differences that exist between human rights in various regions are due to culture differences and also economic issues of a nation. Culture is a system of symbolic values learned or shared attitudes and beliefs that influences and shapes a behavior and perception (Zwart, 2014). People across the world cultivate identity such as cultural life which is a right for any individual. Cultural rights are limited when they affect the rights of other human. Universal human rights are used to ensure that certain rights do not oppress other human rights (Zwart, 2014). There are various diverse cultures in different regions of the globe which may proof it to be difficult for universal human right to be adopted (Smith, 2013). Various regions have some different human rights which have been influenced by the cultures practiced there. Some states have not developed to the levels that they are able to provide food and good living standards to every citizen therefore making it difficult for human rights such as right to food, right to work and right to good housing to be met as they are expected by universal human rights institutions (Smith, 2013). The reason various rights are universal is that all cultures in every part of the globe do not justify genocide, murder, torture, discrimination on bases of race, religion, sex and language or advocate for universal human rights violation which plays a greater role in universalism of the international human rights across the globe (Smith, 2013). Differences in human rights are due to human values brought about variance in cultural relativism in different groups across the world. Human rights also might differ due to economic issued that affect different countries. With some state having developed economies such as western countries rather than those in Africa, some human rights cannot be same because it may be very difficult for the developing countries to meet all the universal human rights stated by the international laws (D'Amico, 2016). These differences have made scholars to campaign for rights that put into consideration the difference in culture, economic and social diverse of all regions. International human right organizations led by Human Rights Watch have been addressing effectively the issue of cultural differences that affect human rights across the globe (D'Amico, 2016). Economic differences have made world organizations to emerge with different standards of human rights on the various continents that put into considerations economic situations in the regions (D'Amico, 2016). Steps by organizations to advocate for human rights that suits their region is because the international laws ignores the religious, social-cultural and traditional patterns that are best for a third world continents (D'Amico, 2016). Therefore the same economic human rights cannot be applied both developed and developing countries and the equality for all human be maintained. With some countries arguing that human rights such as rights to paid vacation, political pluralism and women rights are simply irrelevant to their society and cannot be met (Engle, 1999). Due to these cultural and economic differences human rights differ from one state to other but there also share some similar universal human rights. The Saudi Arabia law that limits women from not diving on public road is a mutual cultural and traditional agreement and not a panel code, the culture are been formulated by Islamists in the region (Khazan, 2013). It can be argued that this law is a regional culture because women are not allowed to drive only in Saudi Arabia but other Islamic religions in different countries allow. According to some Saudi Arabia leaders, women will be allowed to drive when culture accepts it. This shows that culture has the power to control human rights. The above explanation clearly shows that the law is cultural belief and not human right (Khazan, 2013). Different human rights activists have been fight for abolition of such cultural and religious beliefs in order to push for equal rights for women like those of male counterparts. However, it is very difficult to eliminate culture and religion because people are more attached to it even though time might change their beliefs. Some cultures instill behaviors and believes that are bias to certain groups and have no importance whatsoever in life activities and should be abolished in order to make human lives easy for any group (Khazan, 2013). The Saudi Arabia case of women not being accepted to drive on public roads is one example of cultures that are insignificant in any society and should not be taken as a human right (Khazan, 2013). Some cultures and religious practices have adopted beliefs that influenced formulation of laws that most people have come to accept as human rights. Conclusion It can be concluded that most if not all human rights are universal and accepted by different societies regardless of their economic, social and cultural practices. Human rights ensure that there is equality between human being no matter their economic and social status. Some regions have adopted cultural beliefs as laws which contradict to universal human rights. Culture differences, social and economic status of a state influence human rights and also makes some states to create human rights which are diverse from other regions in order to suit the country’s capability to provide for her citizens. Yes human rights are universal. Summary ESC rights debates mostly take place in ideological terms. With organizations such as Human Rights Watch concerned with protecting and controlling public pressure on human rights. Various debates run by some philosophers suggested that international law should have political, civil and also ESC rights. ESC rights can be promoted through encouraging and insisting that these rights should be respected. The respect for the ESC rights can be achieved through reallocation of resources to people and countries in question. Realm of political and civil rights can arise from tradeoff of resources which are scarce. The purpose of Human Right Watch is to ensure there is equality and all policies governing human lives are made reasonable and better. Litigation can also promote ESC rights through legislation promotion that can ensure that courts enforce ESC rights. Government technical assistance is another method that can be used to promote ESC rights. The assistance helps in enabling governments to end any practices that are abusive to human. Human rights organization should set substantial procedures for attaining justice for violator, violation and also set remedies in case of ESC rights are abused. The same way Human Rights Watch put pressure on the government of Kenya to protect orphans in AIDS- affected families and the problem was addressed, issues of corruption, education should be addressed in similar manner. There is a lot needed to be done by ESC rights organizations and Human rights organizations in order to devote scarce resources for the benefit of people. References Baehr, P. (2016). Human rights: universality in practice. Springer. D'Amico, F. J. (2016). Universal Human Rights. The Wiley Blackwell Encyclopedia of Gender and Sexuality Studies. Donnelly, J. (2013). Universal human rights in theory and practice. Cornell University Press. Engle, K. (1999). Culture and human rights: The Asian values debate in context. NYUJ Int'l L. & Pol., 32, 291. Khazan, O. (2013). 'Negative Physiological Impacts'? Why Saudi Women Aren't Allowed to Drive. The Atlantic. Retrieved 18 June 2016, from http://www.theatlantic.com/international/archive/2013/10/-negative-physiological-impacts-why-saudi-women-arent-allowed-to-drive/280343/ Pillay, N. (2008). Are human rights universal. UN Chronicle, 45(2-3). Renteln, A. D. (2013). International human rights: universalism versus relativism. Quid Pro Books. Smith, R. (2013). Textbook on international human rights. Oxford University Press. Thomsen, A. D., Gulløv, A. M., Jensen Casco, C., Pedersen, S. K. W., & Obasi, E. U. (2014). Are Human Rights Universal? A study of Danida’s work to promote gender equality in Tanzania (Doctoral dissertation). Zwart, T. (2014). Safeguarding the Universal Acceptance of Human Rights Through the Receptor Approach. Human Rights Quarterly, 36(4), 898-904. Read More