Universalization of Human Rights Essay

This essay examines the debate surrounding the universalization of human rights, particularly focusing on potential conflicts between universal human rights principles and cultural norms and values, especially within the African context. It questions whether human rights are inherently a Western concept, imposed on non-Western societies, or if they can be genuinely universal. The essay analyzes various cultural practices that seemingly clash with universal human rights, such as the Trokosi system and the Almanjiri practice, highlighting the need for careful consideration and balanced approaches to address these issues without undermining cultural heritage. The role of the state in upholding or violating human rights is also discussed, emphasizing the importance of accountability and the limitations on state power. The conclusion emphasizes the need for a nuanced approach that acknowledges cultural diversity while upholding the fundamental principles of human dignity and rights.

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UNIVERSALIZATION OF
HUMAN RIGHTS

Table of Contents
Introduction.................................................................................................................................2
Human Rights: Western concept?...............................................................................................2
Do cultural norm and values conflict with Universal Human rights?........................................4
State stance on Universalization.................................................................................................6
Conclusion..................................................................................................................................6
References...................................................................................................................................7
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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.
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
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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)
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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
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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.
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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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