universal vs cultural relativism

• state sovereignty - universal

  • a universal concept of rights uses humanitarianism to argue for certain rights to be absolute, unqualified and indivisible.
  • These 1stgeneration rights such as freedoms of thought, religion, expression and association transcend state borders of sovereignty meaning they should be applied to all humans, and advocates such as Tony Blair in his 1999 Chicago Speech believe other states should interfere if these rights aren’t being upheld.
• state sovereignty - cultural relativism

  • This is in contrast to cultural relativism which adopts a Westphalian view, where UNGA resolution 2131 is cited to defend a state’s sovereignty from interference. T
  • his was also seen in the 1993 Bangkok Declaration which stressed non-interference and rejected universalism. This limits the view of rights being universal, as they cannot be enforced everywhere but are in this case relative to statehood.
  • Therefore, cultural relativists argue rights should not inhibit a state’s sovereignty unlike universalists
• rights contextualised - universal rights

  • Another difference is on whether rights can be contextualized. Universal rights by nature grant every person the same rights regardless of nation, religion or culture.
  • This explains why there is almost harmonization of 1st generation rights amongst countries across the world.
  • Fundamental rights such as freedom from torture, voting rights etc. are generally the same even in societies where communitarian values are prevalent which is why they are seen as universal. 
• rights contextualised - cultural relativism

  • rights must be contextualized as they cannot separate the individual from society.
  • differing values which according to Edward Said must not have universal rights imposed on them through Eurocentric, orientalism.
  • West to impose liberal values on countries which have their own way of life, most recently seen in trying to implement democracy in Afghanistan.
  • cited by the signatories of the Cairo Declaration in 1990 where 45 states rejected universal rights in favor of rights relative to their rigid, Wahabbist interpretation of Islam.
• clash between individualism and communitarianism - universal

  • Universal rights seek to empower the individual, mainly through negative and 1st generation rights such as articles 1-22 of the Universal Declaration of Human Rights.
  • The development of economic and social, 2nd generation rights such as the right to welfare (Beveridge) are, seen by universalists, as in pursuit of the ultimate aim of providing the individual with the conditions for prosperity. 
• clash between individualism and communitarianism - cultural relativism

  • This is in contrast to cultural relativists who see society as the end goal instead of the individual, with the Asian value of Confucianism emphasizing the importance of sacrificing an individual and their rights in favor of the wider society.
  • Cultural relativists also see the clash of rights between communitarian groups within a society, for example feminists seeking ‘women’s human rights’ naturally clash with the rights of men as a group.