The Human Rights Concepts

Requirement

Can we achieve a universal conception of human rights? If so, why? If not, why not?

Solution

Introduction

In the 20th century, the universality of human rights emerged along with the UN Declaration of Human rights believing that the basic principles and values which have been underlying the human rights concepts have a universal nature. The concept of individual liberty, freedom along with beliefs in political rights and democracy are included. These also include the acknowledgment of economic and social right. Initially the human rights ideas were only restricted to the individuals on the basis of the status for example, the individual rights for white American male.
Various debates from government and scholars have been going on, regarding the universalization of the human rights and many have seen that cultural diversity is one of the reason influencing the human rights. Further scholars and officials have argued that the human rights usually put the individual above the community which ultimately leads to the opposition to the communitarian values. In this assignment, I have used various arguments as well as examples in the African context. 

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Human Rights: Western concept?

The argument presented in the paper arise from the fact that these human rights possess an individualist nature and were imposed as a primary condition for independence on the non-western.  Further it can be considered that the third world countries and especially sub-Saharan Africa were not represented in the United Nations and not independent yet. The non-representation of sub-Saharan African argument can be considered as a moot argument by considering a single fact that these might be possessed with future as well as present instruments affirmed and confirmed the universal declaration of human rights. When we take the example of the African Declaration of peoples and the human rights, the universal declaration has been used for acknowledging the preamble. In theory, the charter has taken pride for blending the cultural relativism and the universalism Cobbah, (J. A., 1987).The various references for affirming the universal declaration of human rights are the African Union Constitutive Act along with related instruments enacted.  The African Charter, however, along with the AU Constitutive Act were not the imposition of the West. These documents were drafted purposely and were further supervised by the renowned African leaders and mostly the dictators present at that time. Various other arguments like the African Charter and introduction of duties reflected the far reaching individualism effect taking from the concept that an individual must be placed above the community. But various researchers state that the human rights tries to set a limit of coercive power rather than placing an individual above the community. The fact that the origination of human rights took place from west just like other matters of industrialization and technology. The arguments rejecting the technology were not raised by the non-western states; in fact these non-western states claimed it as one of the various rights for their development. 
Various facts have provided a base for the African values that are quite deep in the communal living and the individuals are considered as the parcel and the part of their community. Therefore we can concluded that the human rights are presented as an exercise by the individuals and have an efficient impact on the communal living and the cultural values. For example, in Northern Nigeria the girls belonging from the family of Sultans are not allowed to marry below her status and outside their religion. Similarly, in Africa only the family decides the perfect groom for their daughter on the basis of the family status. Free choices of individual are considered to be flagrant disrespect towards the family in this aspect. These rights if claimed would lead to estranged relationships with family as well as the society.  Therefore it can be concluded that claiming for these rights in the African Society would result in reconciliatory norms (Ibhawoh, B., 2000)
Such reconciliations have not been met with the current trend of violations and conflict like rape and ethnic cleansing. Due to the very fact that no one can be accountable for grave violations like these which results in impunity. In this aspect rights must be claimed and the boundaries must be set. (Morsink, J., 1999). 
The Universal Human rights, on the contrary, with their relationship among the state and individual are not in conflict with the norms and the cultural values. In present day, the African society and state is a political structure which is not able to invoke communitarian or cultural values in the cases of the torture or in cases where the citizens were denied of the participation. No communal justification has been provided for anyone’s arbitrary detention. These arguments have been raised by the states for avoiding the monitoring and to be accountable for these actions. The communal values are placed on the basis of sharing and cannot be in a conflict with the freedom of expression and information (Okere, B.O., 1984).  

Do cultural norm and values conflict with Universal Human rights?

It has been asserted by the philosophical objections that nothing is universal and every value and rights are limited and defined by the perceptions in the culture. Therefore if the culture is not universal and the human rights can also not be universal. (Tharoor, S., 1999). Various cultural practices have been violating the human rights which are if prohibited will not be able to take away the communal living. This can be explained by taking the example in Togo and Ghana where the Trokosi, a traditional practice has been considered as a gross violation of rights of women and child. In this practice, the girls are pledged for the crimes being committed by the males of the family. The girls present in these societies serve as their traditional priest and are enslaved by working on farms and taking care of the children. This puts her into slavery and takes away her freedom of choice. Therefore these a need for the community to be educated for using the court system and for getting the adequate compensation. There is a need for taking legislative measures to prohibit practices like these.  
One of the example can be taking from Northern Nigeria’s Almanjiri practice where the children of around 4 years are given to the Imans (spiritual leaders) and taught Koran and are then are made to beg in the street. These children are then asked for begging for food. This practice is known to take away the childhood of the children and puts them in slavery which is against the human’s dignity. This situation has religious and cultural conflicts and usually take place in volatile area. Therefore, there is a need of treading cautiously and but compromise must be done. This will ensure that the children will be removed from the streets and can achieve both forms of education namely: religious and western.
The primary issue for the rejection of universal human rights is the cultural domination along with the subordination of the women. This can easily be reflected by the example of Saudi Arabia where the UN Declaration is absent as the equality in marriage is seen against the Islamic religion. Similarly, the African countries have same values where men are considered as the head of the family perpetuating the violence against women and leads to denial of inheritance rights etc. (Okere, B.O., 1984). For example, in the Igbo tribe present in Nigeria the women are made to drink water that was used for washing the corpse of their husband for proving their innocence. 
All the activities and the cultural values which are enumerated above do not provide a justification for the universal human rights and its rejection. The primary lies in the fact that all these facts do not play an active role so as to help States decide towards adopting the cultural relativism ideology. The violation of human rights done culturally do not lead to mass murders and related mass violations. The government can tackle these gradually with cautious measures and would not be able to detract from the cultural heritage on being abolished. 

State stance on Universalization

The State has adopted a particular stance which is more like a war of philosophies and ideologies. State has postulated an ideology on the cultural relativism which has been geared on countering the Western cultural model or Western philosophy of rights. Comprise and practice were two foundation of the Universal Declaration of Human rights but not on any ideology. These were found by placing the dignity of the human where the rights are inherent. Therefore government is subject to violet certain fundamental rights and these rights on the dignity of human is accepted by the western and non-western ideologies (Gunderson, Henkin, & Said, 1980). Hence no further argument must be made on the crimes like rape, torture, genocide, right to participate, arbitrary detention. Equality and limitations fundamentally applicable to all the human and should be placed on the government powers and hence considered universal. If case of abusive government, no shield is provided for hiding behind violations of the human rights and even in case of failing in their obligations for enforcing human rights. 

Conclusion 

There are cultural practices that lead to conflict in the human values and cultural values. Therefore, positive actions are required for eradicating the violations and further will lead to reduction in claims for building the community bond. These cultural value do not form the thrust of universalism debate. It has been stated by Prof. Osaitynski that the universality of human rights can only be restored if the two ideas of universality of human rights and universality of philosophy of the human rights are disconnected from each other. 

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References

  • Gunderson, G., Henkin, A. and Said, A. (1980). Human Dignity: The Internationalization of Human Rights. Universal Human Rights, 2(2), p.97.

  • Tharoor, S., 1999. Are human rights universal?. World Policy Journal, 16(4), pp.1-6.

  • Cobbah, J. A. (1987). African values and the human rights debate: an African perspective. Human Rights Quarterly, 309-331.

  • Ibhawoh, B., 2000. Between culture and constitution: Evaluating the cultural legitimacy of human rights in the African State. Human Rights Quarterly,22(3), pp.838-860.

  • Okere, B.O., 1984. The protection of human rights in Africa and the African Charter on Human and Peoples' Rights: a comparative analysis with the European and American systems. Human Rights Quarterly, 6(2), pp.141-159.

  • Morsink, J., 1999. The Universal Declaration of Human Rights: origins, drafting, and intent. University of Pennsylvania Press.

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