From my vaunted vaults - an essay on universal human rights...
Universal human rights have often come into conflict with
many other existing ideas. This
partially because it is the new doctrine on the block. There have been many challenges to the
legitimacy of the human rights doctrine and so far, the doctrine still seems to
hold up well in present day society. Of
the many challenges procured against universal human rights is that it has no
regard for other cultures’ standards of a decent and good life. It cares little for how other cultures
conduct their societies simply because universal human rights feels it trumps
any other value. Some people have deemed
this idea to be very rude to say the least.
Can these two views be reconciled?
We can make a claim that human rights are universal and that other
cultures hold different beliefs about what constitutes a good life because
while human rights are universal and always right in any circumstance, some
cultures beliefs about what is a good life are wrong and do not benefit their
citizens. So read on to find out why (or
not, nobody is pressuring you, but you probably should if you want to find out
why).
Now that you have taken the first step and have decided
to read on, let us start with the first point on universal human rights. Human rights do not have to come into
conflict with what some cultures deem to be a good and successful life. Many times there are similar underlying human
rights beliefs that aren’t explicitly stated or written. Ideas do not have to be written to be
validated. As long as people believe it
and practice it, the rights are alive.
Writing down rights and beliefs give people something concrete to look back
on when they need to justify their rights.
It is always easier to justify stated and written rights than implied
rights. The idea of different cultures
all sharing similar rights can be found in Gayle Binions’ essay, Human Rights: A Feminist Perspective. In the essay, she describes how different
women in different cultures have the same underlying values and beliefs. She writes that a study of women in forty
three countries have four unifying themes and concerns like eradicating male
violence, promoting reproductive rights, and changes to promote economic
equality for women along with political changes to bring about female
empowerment (Binion 522). These
forty-three countries probably do not all have the same standards for what
constitutes a good and decent life, but many of their citizens share the same
ideas of what constitutes a good life.
Cultural barriers and diversity do not take away the fact that there are
universal rights in this world and that all people want to share in them
equally.
Even some cultures that seem superficially opposed to
universal human rights can in themselves find a justification for the said
human rights they are against (as Stephen Colbert would say, nailed ‘em). Josh Cohen of MIT (that means he is smart but
probably socially awkward due to the theory propagated by terrible shows like The Big Bang Theory) in his very long
essay Minimalism About Human Rights: The
Most We Can Hope for?, discusses
how cultures with a Confucian tradition support the idea of universal human
rights despite the assumption that they are against this notion. In a very general sense, Confucian tradition
has an emphasis on fulfilling duties associated with human relationships with
others. Part of human rights is about
placing obligations on others and responsibility on oneself in order to fulfill
the duties of living a decent life (Cohen 16-19). Confucianism fits the bill here
perfectly. Cultures with ideas that seem
to be incompatible to universal rights due to their own cultural conventions can
be proven to fall under the umbrella (‘ella, ‘ella, eh, eh – lyrics courtesy of
Rihanna) of human rights. This
understanding of Confucianism does not destroy any Confucian text or seek to discredit
what the culture describes as the good life.
It validates views of the good life in a different context and shows how
different cultures have underlying human rights beliefs. You just have to dig deep sometimes.
Another thing that must be said is that cultures can be
wrong in their practices and beliefs.
The only people that will tell you otherwise are cultural relativists
that believe in a theory that can be summed up as different strokes for
different folks. Sadly, this theory has
no mention of Sly or the family stone or even the television series with Todd
Bridges. Moving back to the point,
cultural ideas about what is the good life can be wrong and universal human
rights in their pure form are not. We
need to be able to criticize cultural practices and ideas because if we couldn’t
we would not be able to stop any unjust practices that go on around the
world. Cultures and societies would be
given the free reign to do what they please under the reasoning of it is my
tradition and beliefs. Being able to
step back and criticize, but more importantly change cultural practices and
ideas through absolute and universal human rights, is necessary to improve the
overall good life for all the inhabitants of this planet. Letting horrible cultural practices of abuse
towards women or torture continue just because they fall under the guise of
cultural traditions and cultural beliefs about the good life is
unacceptable. The good life here is only
defined by who is in power. What is the
good life for the king is not the same as for the abused and battered lower
class woman. Universal human rights put
forth a standard of basic practices that make sure we can stop these abuses and
improve the good life for everybody involved.
Most victims under these culture traditions would probably give up these
traditions for the universal human rights they are being denied. Would people still want to follow harmful
traditions if they knew a better one existed and was justified by a universal
code of obligations that specifically forbade the torture these people had to
go through? They probably would opt for
the second option, but you can never be so sure (some people are into that kind
of thing). Those people are also into
wearing a lot of leather but that is a discussion for a far more interesting
essay.
Naturally when one puts out an essay with a thesis, there
are bound to be some objections that sprout up around it. Since there are no direct questions being
thrown around right now, it is time to come up with some hypothetical
objections and to answer them in a concise and intelligent way (and maybe some
clever witticisms, who knows). The first
objection to this thesis would come from the work of Frederique
Apfell-Margin and Loyda Sanchez. They
would contend that human rights can be used by governments to continue to
destroy indigenous people who are already leading a life that many people in
the indigenous community do not complain about.
They use the case about the Bolivian government introducing birth
control and western ideas of feminism to the indigenous campesino community and other Andean communities in an effort to
limit and eventually destroy the populations (Sanchez 178-79). The government wants the land these people
own and find that using birth control could help to eventually wean out and slowly
destroy this population so then they can swoop in and steal their land like the
conquistadors of old. This does hold
some sway to the people of the region.
They have a cultural belief of the good life that does not seem to fit
with the modern definition and have survived through great adversity which has
included many attempts of annihilation.
Family planning does not fit in with the idea of human regeneration and
communalism that this culture has deemed the good life (Sanchez 172-173). In short it looks like Apffel-Marglin and
Sanchez have a point.
Apffel-Marglin and Sanchez have a point, but it is a
point that will be proven wrong by simply reading on (zing!). While Apffel-Margin and Sanchez are right to
be skeptical towards the governments’ plans, that doesn’t mean that the women
of these areas should not be able to make a choice about what they feel is
right for their lives. They may feel
that for the betterment of their collective and community, they should not have
multiple children, but to try and work or help out in other regions of the
society. The good life that they imagine
may be different than that which is prescribed by the society and they have a
right to fulfill their own definition of the good life. Not every woman who gets introduced to ideas
of western style feminism or birth control will immediately turn their back on
their old cultural values. Look at
America. We’ve had feminist waves and
ideas going back to the founding of this nation, and not every woman has agreed
with them. Some women were against the
Equal Protection Amendment. That could
not be a stronger rejection of feminist values.
The same goes for birth control.
We have had legal birth control since the 1960’s but that doesn’t mean
that everybody is a proponent of it. One
needs to look no farther than Bristol Palin or the entire state of Mississippi
to see a rejection of birth control ideas.
Just because something new is introduced into a culture doesn’t mean
that the old ways of beliefs will be completely abandoned. Those who want to change will change and
those who do not want to change will not.
Furthermore, if the government is using ideas of women’s
rights and universal human rights as a means to genocide than they are not
using these rights the way they are intended to be used. Universal human rights are meant to prevent
genocide rather than to encourage and promote it. Manipulating human rights for evil purpose
does not invalidate universal human rights; it invalidates the legitimacy of
the governments who do such actions. If
caught, these governments will not be able to say that human rights allows for
them to destroy members of their own population. They will be tried under crimes against
humanity and under human rights abuse.
Human rights will survive, but not people who grossly misrepresent and abuse
such rights.
Another objection is that universal human rights come
from a western background and only seeks to validate the western cultural idea
of what is a good life. Universal human
rights are specific only to western culture and do not bother to extend and
include other cultural practices and beliefs.
In a way they serve to extend western cultural hegemony and destroy any
culture that stands in its’ way. This
belief isn’t necessary true. Many people
believe that universal human rights are not just a western idea. Kwasi Wiredu, in his essay An Akin Perspective on Human Rights,
discusses how the Akan people of West Africa have come up with their own
concept of human rights that is not dependent on the western one. He discusses life in this culture and how it
subscribes to ideas of human rights that everyone would be able to relate
to. They have a principle of “justice
that no human being could be punished without trial” (Wiredu 164) and ideas of
religious freedom as well; demonstrated by how open they were to the intruding
Christian missionaries (Wiredu 167) when in reality they should have probably
just sent them to the lions like the Romans had done previously (this last part
could be construed as a joke if one is inclined to do so). Universal human rights existed in all
cultures and are not just western. Other
civilizations ideas of what constitutes a good life seem to share some
underlying beliefs with what is recognized as universal human rights. While they seem to be overtly Western, they
have enough of a multicultural background to be taken as universal. By looking at numerous cultures one can find
the many similarities to the current human rights doctrine.
In conclusion, we can believe in universal human rights
without denying that other cultures have their own beliefs about what makes up
a good life. Many cultures already share
underlying human rights beliefs. Just
because they are not written down or explicitly stated doesn’t make them less
true. Also, some cultures are wrong
about what they believe is the good life.
Universal human rights seek to right the wrongs that many cultures cannot
see by taking the outside view to such practices. It is easier to judge something from an
outsider perspective. If there is one
thing everybody loves it is an unbiased outsider perspective. Especially when one goes clothes shopping.
Works
Cited
Apffel-Marglin,
Frederique, and Loyda Sanchez. "Developmental Feminism and Neocolonalism
in Andean Communities." Feminist Postdevelopment Thought.
N.p.: Sanders, 2003. 159-80. Print.
Binion, Gayle.
"Human Rights: A Feminist Perspective." Human Rights
Quarterly 17.3 (1995): 509-26. Print.
Cohen, Josh. Minimalism
About Human Rights: The Most We an Hope For? N.p.: n.p., n.d. Print.
Wiredu, Kwasi. "An
Akin Perspective on Human Rights." Cultural Universals and
Particulars: An African Perspective. Bloomington: Indiana UP, 1996. 157-71.
Print.