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2.2. In the CRC.
Over sixty years after the Universal Declaration of Human Rights, it has been widely observed that human rights resonate differently in various settings. This book addresses the timely and important question of how to understand human rights in a world of increasing diversity. The effects of globalization and the increasing mobility of persons and peoples have further deepened and multiplied the sites of interaction between different cultures, religions and ethnicities. These changes have been a source of enrichment, as multiculturalism, interculturalism and diversity permeate our daily lives. Yet, they have also revealed important societal cleavages, different conceptualizations of human rights, and divergent values and beliefs about moral, ethical, cultural and religious issues. In societies characterized by diverse social, ethnic, religious and cultural communities, it becomes critical to examine how to reconcile the tensions between respect for group-based identities and differences, the robust protections of individual rights and freedoms, and the maintenance of community solidarity and social cohesion. It is these tensions, mediated through debates about the interaction between human rights and diversity, that this book addresses. Eschewing any simple reconciliation of human rights and universalism, this book aspires to identify alternative frameworks that can facilitate the conceptualization of, and help find solutions to, the complex global human rights issues in diverse societies. In engaging with both the theoretical perspectives that question the 'universality' of human rights as well as assessing the practicality of diverse applications of human rights, this collection of essays explores how human rights can be employed to empower historically excluded and marginalized groups. Taking diversity into account in thinking about the universal aspirations of human rights protection requires us to reframe the question. Rather than asking whether human rights are universal, we need to ask how the universal principles underlying human rights are practically and tangibly realized in diverse contexts and communities. Through critical reflection and a reexamination of the concepts, categories, institutions and frontiers of human rights, this book contributes to an ongoing dialogue about human rights discourse and theory. Yet beyond its contribution to scholarly debates, it is our hope that this book will contribute to the development of concrete, tangible and institutional strategies for advancing the protection of human rights in diverse societies.
This accessible text defends human rights as truly universal for all persons globally, while respecting the importance of plurality and cultural diversity. It is unique, as well, in discussing cross-cultural negotiations regarding human rights. The book shows that there is no inherent contradiction between human rights norms and social and cultural values, practices, and forms of life worthy of preservation.
This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies. Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.
International human rights law was originally focused on universal individual rights. This book examines the developments which have seen it change to a multi-cultural approach, one more sensitive to the cultures of the people directly affected by them. It argues that this can provide benefits, but that aspects of universalism must be retained.
This original and provocative book is concerned with fundamental questions in moral, political, and legal philosophy. It challenges both supporters and sceptics alike to rethink their ideas about human rights. The author explains that human life is not the same everywhere, noting that there are different traditions of culture and civilization. He argues that an adequate idea of human rights must take such a diversity seriously, and unlike the UN Declaration, it must not presuppose Western institutions and values. This theory of human rights developed by Milne deals systematically with the philosophical issues it raises. He shows that human rights can only be a minimum standard, not a panacea for the troubles of humanity. And that this significance, although modest, should not be underrated.
Focuses on understanding human rights as they really are and their proper role in international affairs.
The Universal Declaration of Human Rights is one of the world's best-known and most translated documents. When it was presented to the United Nations General Assembly in December in 1948, Eleanor Roosevelt, chair of the writing group, called it a new "Magna Carta for all mankind." The passage of time has shown Roosevelt to have been largely correct in her prediction as to the declaration's importance. No other document in the world today can claim a comparable standing in the international community. Roosevelt and French legal expert René Cassin have often been represented as the principal authors of the declaration. But in fact, it resulted from a collaborative effort involving a number of individuals in different capacities. One of the declaration's most important authors was the vice chairman of the Human Rights Commission, Peng Chun Chang (1892-1957), a Chinese diplomat and philosopher whose contribution has been the focus of growing attention in recent years. Indeed, it is Chang who deserves the credit for the universality and religious ecumenism that are now regarded as the declaration's defining features. Despite this, Chang's extraordinary contribution has been overlooked by historians. Peng Chun Chang was a modern-day Renaissance man—teacher, scholar, university chancellor, playwright, diplomat, and politician. A true cosmopolitan, he was deeply involved in the cultural exchange between East and West, and the dramatic events of his life left a profound mark on his intellectual and political work. P. C. Chang and the Universal Declaration of Human Rights is the first biography of this extraordinary actor on the world stage, who belonged to the same generation as Mao Zedong and Chiang Kai-shek. Drawing on previously unknown sources, it casts new light on Chang's multifaceted life and involvement with one of modern history's most important documents.
Introduces the idea of a flexible approach to the human rights movement that returns to basics in an increasingly diverse and multipolar world.