Legal Human Rights: Cultural Pluralism and Implementation

This essay delves into the multifaceted realm of legal human rights, commencing with an exploration of cultural pluralism and its impact on individual identity and societal cohesion. It then analyzes the Universal Declaration of Human Rights (UDHR), emphasizing its focus on individualism and the interplay between individual rights and cultural conceptions. The essay further examines the state's duty to uphold human rights within its jurisdiction, referencing the International Covenant on Economic, Social and Cultural Rights (ICESCR). Finally, it identifies and discusses the problematic aspects of implementing cultural rights, particularly the vagueness in defining and applying these rights, which hinders their effective realization and enforcement, referencing the globalization's impact on the right to participate in cultural life.

Legal human rights
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Question a.
“Pluralism refers to the equal coexistence of diverse cultures in a mutually supportive
relationship within the boundaries of one nation.”1 “The U.S has been diverse since colonial
times, but immigration significantly increases the extent of the country’s diversity.” Cultural
pluralism enables one to be free to shape and express their identity. Pluralism is based on
“equality of opportunity for all people, respect for human dignity and the conviction that no
single pattern of living is good for everyone.” Everyone is different and come from different
backgrounds. To change an individual or group can create chaos. We should be able to promote
and encourage freedom of speech with no fear of repercussions.
So, creating unity and identity will enable individuals to interact with each other more. It
enables society to work together and make the world a better place. Not permitting one to
identify with their identity may raise conflict. “The lack of a pluralistic perspective concerning
racial and ethnic independence in the U.S contributed to problems in the past.” One may have
feelings of being different and not being accepted in society. An individual may be a risk of
fulfilling their goals due to not being at their highest emotionally. “Our social justice approach
examines oppression as one of the many ways that people are categorized in the larger society,
resulting in advantage or disadvantage.”2 In addition, “it emphasizes structural and systemic
patterns of inequality based upon religious group memberships, reproduced through interlocking
social institutions and culture.” An individual has the right to practice any religion as long as
there is no harm to anyone.
1 Letty Y.-Y. Kwan, “Institutional and Value Support for Cultural Pluralism Is Stronger in Innovative Societies With
Demanding Climate,” Journal of Cross-Cultural Psychology 49, no. 2 (February 1, 2018): 323–35,
https://doi.org/10.1177/0022022117746773.
2 Maja K. Schachner, “From Equality and Inclusion to Cultural Pluralism – Evolution and Effects of Cultural Diversity
Perspectives in Schools,” European Journal of Developmental Psychology 16, no. 1 (January 2, 2019): 1–17,
https://doi.org/10.1080/17405629.2017.1326378.

Altogether, cultural pluralism can deeply affect one psychologically, which can limit one
to express their identity. I believe that we are one nation but that doesn’t give us the right to
change someone’s identity if it is not harming anyone. In the end, we all need to stand up for
what is right and wrong.
According to the UDHR, the identity of a human being embraces the idea of
individualism. Throughout the declaration, the articles refer to human beings as individuals with
rights and freedoms. In the preamble, the UDHR provides a clarification for the articles that
follow, using diction such as “whereas,” indicating the belief that the articles of human rights are
self-evident. In agreement with the natural scholars, the UDHR seems to “conceive of human
rights as entitlements” and believe that they are “founded in nature.”
The reflected respective identities in UDHR also bring out the respective cultural
conceptions of rights and duties. Since the UDHR reflects an identity that embraces
individualism, the cultural concept of rights and duties are that of each and every individual. In
all the articles, it states the rights and freedoms every individual has, and such, the responsibility
each individual has for themselves3. The point of the UDHR was to make these human rights
universal; however, in reality, as mentioned in Donnelly’s article, “the concept of human rights
concerns the relationship between the individual and the state." These rights are the rights of
human beings, and although Homo sapiens is a singular species, each and every one of their
identity makes them different. Therefore, depending on the environment that an individual is in,
what human rights are most likely to differ, though not generally, but in the specifics.
Question b.
3 Fengyu Duan, “The Universal Declaration of Human Rights and the Modern History of Human Rights,” SSRN
Scholarly Paper (Rochester, NY: Social Science Research Network, November 7, 2017),
https://papers.ssrn.com/abstract=3066882.

The statement above has useful distinction and means that any sovereign nation has a
duty that binds it to respect the human rights of all the persons within its jurisdiction and within
its borders and must do so without discrimination. The state also is duty-bound to protect all
human rights of persons under its jurisdiction and within its borders and must do so without any
discrimination. And, finally, the state has the role or is bound to fulfill all the human rights of its
citizens who are in its territory and under its jurisdiction and must do so without any
discrimination4.
Article 15 of ICESCR states that “The States Parties to the present Covenant recognize
the right of everyone to take part in cultural life, to enjoy the benefits of scientific progress and
its applications and to benefit from the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author.” “The steps to be
taken by the States Parties to the present Covenant to achieve the full realization of this right
shall include those necessary for the conservation, the development and the diffusion of science
and culture. The States Parties to the present Covenant undertake to respect the freedom
indispensable for scientific research and creative activity. The States Parties to the present
Covenant recognize the benefits to be derived from the encouragement and development of
international contacts and co-operation in the scientific and cultural fields.”5
Question c.
C) The implementation of cultural rights is often considered problematic. Identify and discuss
one problematic feature concerning the implementation of cultural rights.
4 Wouter Vandenhole, “The Struggle for Economic, Social and Cultural Rights,” Journal of Human Rights Practice,
January 12, 2017, huw019, https://doi.org/10.1093/jhuman/huw019.
5 Athanasios Yupsanis, “The Concept and Categories of Cultural Rights in International Law,” January 1, 2010.

“States are required to take steps to avoid the adverse consequences that globalization has
on the right to take part in cultural life.” 6One of the main problems facing the implementation of
any rights, be it economic, cultural or social is the difficulty in determining the precise
stipulation of that right. How then does an individual, group of people or even a nation
implement aright that they cannot define its content or its scope? This makes it futile in trying to
exercise such right as it is hard to know what will the realization of such right entail. It is also
tedious to determine what actions of either omission or commission would result into breaking
such a right. Therefore, vagueness contributes the major problem when it comes to
implementation of cultural rights. For instance, a person claiming to have the right to equality,
dignity or the right to life is vague unless the definition of such right is understood in the context
of specific political, legal, cultural, economic and traditions.
6 Michael Galchinsky, “The Problem with Human Rights Culture,” South Atlantic Review 75 (January 1, 2010): 5–18,
https://doi.org/10.2307/41635605.

Bibliography
Duan, Fengyu. “The Universal Declaration of Human Rights and the Modern History of Human
Rights.” SSRN Scholarly Paper. Rochester, NY: Social Science Research Network,
November 7, 2017. https://papers.ssrn.com/abstract=3066882.
Galchinsky, Michael. “The Problem with Human Rights Culture.” South Atlantic Review 75
(January 1, 2010): 5–18. https://doi.org/10.2307/41635605.
Kwan, Letty Y.-Y. “Institutional and Value Support for Cultural Pluralism Is Stronger in
Innovative Societies With Demanding Climate.” Journal of Cross-Cultural Psychology
49, no. 2 (February 1, 2018): 323–35. https://doi.org/10.1177/0022022117746773.
Schachner, Maja K. “From Equality and Inclusion to Cultural Pluralism – Evolution and Effects
of Cultural Diversity Perspectives in Schools.” European Journal of Developmental
Psychology 16, no. 1 (January 2, 2019): 1–17.
https://doi.org/10.1080/17405629.2017.1326378.
Vandenhole, Wouter. “The Struggle for Economic, Social and Cultural Rights.” Journal of
Human Rights Practice, January 12, 2017, huw019.
https://doi.org/10.1093/jhuman/huw019.
Yupsanis, Athanasios. “The Concept and Categories of Cultural Rights in International Law,”
January 1, 2010.