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CULTURAL RELATIVISM AND UNIVERSAL HUMAN RIGHTS PDF Print E-mail

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Realist arguments are often reinforced by relativist arguments that moral values are historically or culturally specific rather than universal. For example, Kennan argued that "there are no internationally accepted standards of morality to which the U.S. government could appeal if it wished to act in the name of moral principles."  Many nonrealists share such relativist skepticism.

It is often claimed that there are a variety of distinctive and defensible conceptions of human rights that merit our respect and toleration even if we disagree with them. One standard form of this argument, which was particularly prominent in the 1980s, was the claim that there are "three worlds" of human rights. The "Western" (First World) approach, it is asserted, emphasizes civil and political rights and the right to private property. The "socialist" ( Second World) approach emphasizes economic and social rights. The "Third World" approach emphasizes self-determination and economic development. Furthermore, both the socialist and the Third World conceptions are held to be group oriented, in contrast to the fundamental individualism of the "Western" approach.

The reality of Western practice over the past half century, however, has been quite different. The West may have neglected economic and social rights in the nineteenth and early twentieth centuries.  But that anyone looking at the welfare states of Western Europe over the past half century can be expected to take such a description of the Western approach seriously, to put it bluntly, boggles the mind. In fact, the liberal democratic welfare states of Western (and especially northern) Europe are the countries that have taken most seriously the interdependence and indivisibility of all human rights. And it is in these countries that we find the most complete realization of internationally recognized economic, social, and cultural rights.

Conversely, as we saw in 1989, citizens in the former Soviet bloc, when given the opportunity, demanded their civil and political rights. Far from being a superfluous bourgeois luxury, Eastern Europeans no less than Western Europeans see civil and political rights as essential to a life of dignity. And the dismal state of Soviet bloc economies suggests that the sacrifice of civil and political rights probably did not even facilitate the long-term realization of economic and social rights.

The recent wave of liberalizations and democratizations likewise suggests that the so-called Third World conception of human rights has little basis in local values. Ordinary citizens in country after country have

found that internationally recognized civil and political rights are essential to protecting themselves against repressive economic and political elites. When given the chance, they have in effect declared that sacrifices made in the name of development, self-determination, or national security were not chosen but were imposed through force and the systematic violation of civil and political rights.

Political histories, cultural legacies, economic conditions, and human rights problems certainly differ in these three "worlds." For that matter, there is considerable diversity even within each "world," especially the Third World. Cultural relativity is a fact. Social institutions and values have varied, and continue to vary, with time and place. Nonetheless, I will argue that contemporary international human rights norms have near universal applicability, requiring only relatively modest adjustments in the name of cultural diversity.

Moral relativism, the belief that moral values (and thus conceptions of human rights) are determined by history, culture, economics, or some other independent social force, is best seen as a matter of degree. At one extreme is a radical relativism that sees culture (or history, or economics) as the source of all values.  Such a position in effect denies the very idea of human rights, for it holds that there are no rights that everyone is entitled to equally, simply as a human being. Radical relativism can be ignored once we have decided, as we have above, that there are human rights, rights that all human beings have, independent of society (and thus irrespective of their particular history or culture).

At the other end of the spectrum lies radical universalism, the view that all values, including human rights, are entirely universal, in no way subject to modification in light of cultural or historical differences. In its pure form, radical universalism would hold that there is only one set of human rights that applies at all times and in all places. But to insist that all human rights be implemented in identical ways in all countries would be wildly unrealistic, and most people would find such a demand morally and politically perverse.

Rejecting the two end points of the spectrum leaves us with a considerable variety of "relativist" positions, which can be roughly divided into two ranges. Strong relativism holds that human rights (and other values) are principally, but not entirely, determined by culture or other circumstances. "Universal" human rights serve as a check on culturally specific values. The emphasis, however, is on variation and relativity. Weak relativism reverses the emphasis. Universal human rights are held to be subject only to secondary cultural modifications. I will defend a form of weak cultural relativism on both descriptive and prescriptive grounds.

Internationally recognized human rights represent a good first approximation of the guarantees necessary for a life of dignity in the contemporary world of modern states and modern markets. In all countries, the unchecked power of the modern state threatens individuals, families, groups, and communities alike. Likewise, national and international markets, whether free or controlled, threaten human dignity in all countries. The Universal Declaration and the Covenants provide a generally sound approach to protecting human dignity against these threats.

For example, it is difficult to imagine defensible arguments in the contemporary world to deny rights to life, liberty, security of the person, or protection against slavery, arbitrary arrest, racial discrimination, and torture. The rights to food, health care, work, and social insurance are equally basic to any plausible conception of equal human dignity.

Universality, however, is only an initial presumption. Deviations from international human rights norms may be justified, even demanded. For example, the free and full consent of spouses in marriage (Universal Declaration, Article 16) reflects a culturally specific conception of marriage that it would be unreasonable to apply everywhere without exception. This does not mean that we should approve of forced marriages. It does, however, suggest that we tolerate some notions of consent that would be unacceptable in the contemporary West.

The possibility of justifiable modifications, however, must not obscure the fundamental universality of international human rights norms. Deviations should be rare. And the need to keep their cumulative impact minor suggests that substantial variations are likely to be legitimate only in relatively specific and detailed matters of implementation.

We can distinguish three levels at which the substance of a human right can be specified. At the top are what we can call "concepts," very general formulations such as the rights to political participation or work. Little cultural variability at this level is justifiable. Below these are what we can call "interpretations." For example, a guaranteed job and unemployment insurance are two interpretations of the right to work. Some interpretative variability seems plausible for most internationally recognized human rights. And at a still more detailed third level, there is room for considerable variation in the particular form in which an interpretation is implemented.

Suppose that we interpret the right to political participation as a right to vote in open and fair elections. Members of the legislature might be chosen through winner-take-all elections in local districts or by a system in which people vote for party lists and seats in the legislature are awarded proportional to the national vote. Such variations of form should usually be considered permissible, as long as they tend to realize a defensible interpretation of the governing concept.

These guidelines will not provide clear answers in all important cases. They do, however, have strong and generally clear implications. We will consider in greater detail arguments for a distinctive Asian conception of human rights. To illustrate my argument here, I want to consider the claim of many religious fundamentalists, especially among monotheistic revealed religions of the Near East (Judaism, Christianity, and Islam), that men and women do not have the same rights, that each sex has its own particular, and largely complementary, social and political rights and responsibilities.

The weak relativist position sketched above would reject such an argument. The claim that because of ascriptive characteristics such as age, sex, race, or family one is not entitled to the same basic human rights as members of other groups is incompatible with the very idea of human rights. This does not imply that all differences based on gender are incompatible with human rights. For example, dress codes to protect public morals and decency, such as the Muslim requirement that women wear veils in public or the Western requirement that women (but not men) cover their chests in public, clearly lie within the realm of permissible distinctions. But the claim that one group in society has radically different basic rights from another group -- for example, that it can deny the rights to vote, speak, and assemble freely to women, deny women full and equal legal personality, or award otherwise identical men and women different treatment in social insurance schemes -- is not a culturally different conception of human rights but a (partial) rejection of the very idea of human rights.

Human rights do not require cultural homogenization. If women choose to vote as their husbands do or choose a private family life instead of a public life and work outside of the home, human rights require that such choices be respected. But when they are imposed -- and especially when those who define and enforce differential rights receive preferred treatment -- they involve unacceptable violations of human rights.

Such an argument does not imply wanton cultural imperialism. The legacy of imperialism demands that Westerners in particular show special caution and sensitivity when dealing with clashing cultural values. Caution, however, must not be confused with inaction. Even if we are not entitled to impose our values on others, they are our own values. Sometimes they may demand that we act on them even in the absence of agreement by others. And if the practices of others are particularly objectionableconsider, for example, societies in which it is traditional to kill the firstborn child if it is female or the deeply rooted tradition of anti-Semitism in the West -- even strongly sanctioned traditions may deserve neither our respect nor our toleration.

 
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International Human Rights

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Human Rights as an Issue in World Politics

Before World War II, human rights were rarely discussed in international politics. Most states violated human rights systematically. Racial discrimination pervaded the United States. The Soviet Union was a totalitarian secret-police state. Britain, France, the Netherlands, Portugal, Belgium, the United States, and Spain maintained colonial empires in Africa, Asia, and the Caribbean. And the political history of most Central and South American countries was largely a succession of military dictatorships and civilian oligarchies.

Such phenomena troubled many people. They were not, however, considered a legitimate subject for international action. Rather, human rights were viewed as an internal (domestic) political matter, an internationally protected exercise of the sovereign prerogatives of states. Even genocidal massacres, such as Russian pogroms against the Jews or the Turkish slaughter of Armenians, drew little more than polite statements of disapproval. Less egregious violations were typically not even considered a fit subject for diplomatic conversation.

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How does being human give rise to rights? To answer this question we need a theory of human nature. Although I despair of being able to offer one, I can point out some basic distinctions that provide useful insights.

Theories of human nature deal with how we define, or what it means to be, "human." In a very crude way, we can say that a scientific approach to human nature involves an empirical investigation of the psychobiological makeup of human beings. A moral or philosophical approach focuses on what it means to be a person, a human being capable of reflective action and subject to the constraints of morality. Although moral theories may be constrained by science, they address different issues.

Those who seek to ground human rights in science usually speak of basic human needs. But any list of needs that can plausibly claim to be empirically established provides an obviously inadequate list of rights: life, food, protection against cruel or inhuman treatment, and perhaps companionship. The problem may lie in contingent shortcomings of our current scientific procedures or knowledge. I would argue, however, that science is in principle incapable of providing the appropriate kind of theory of human nature. We have human rights not to what we need for health but to what we need for a life of dignity.

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CULTURAL RELATIVISM AND UNIVERSAL HUMAN RIGHTS

Realist arguments are often reinforced by relativist arguments that moral values are historically or culturally specific rather than universal. For example, Kennan argued that "there are no internationally accepted standards of morality to which the U.S. government could appeal if it wished to act in the name of moral principles."  Many nonrealists share such relativist skepticism.

It is often claimed that there are a variety of distinctive and defensible conceptions of human rights that merit our respect and toleration even if we disagree with them. One standard form of this argument, which was particularly prominent in the 1980s, was the claim that there are "three worlds" of human rights. The "Western" (First World) approach, it is asserted, emphasizes civil and political rights and the right to private property. The "socialist" ( Second World) approach emphasizes economic and social rights. The "Third World" approach emphasizes self-determination and economic development. Furthermore, both the socialist and the Third World conceptions are held to be group oriented, in contrast to the fundamental individualism of the "Western" approach.

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POLITICS BEFORE THE COUPS

In Chile, military rule had been rare since the mid-nineteenth century. After World War II, a stable three-party democratic system emerged. And in 1970, Salvador Allende became the world's first freely elected Marxist president. Allende dramatically intensified the economic and social reforms begun under his Christian Democratic predecessor, Eduardo Frei. Large agricultural estates were expropriated. Key private industries and banks were nationalized, including Chile's (largely U.S.-owned) copper industry. Social services were expanded.

These changes were both lavishly praised and reviled, both within Chile and abroad. The resulting ideological polarization helped to set the stage for a military coup in September 1973. Allende was assassinated and a repressive military regime was installed that ruled until 1990.

In Uruguay, the military had not intervened in politics since the 1860s. Furthermore, beginning in the first two decades of the twentieth century, under President José Batlle y Ordoñez, Uruguay implemented a series of model social and political reforms that created a widely admired democratic welfare state that provided education and health care for all. The system, however, began to collapse in the late 1960s.

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National purification also had a major economic dimension. In Chile, the Pinochet government tried to reverse not only Allende's reforms but also those of the 1960s as well. In 1975 the junta applied "Shock Treatment" (Plan Shock). Government spending declined by more than one-fourth and public investment was cut in half. Uruguay and Argentina pursued similar plans somewhat less vigorously. The aim was to privatize the economy and weaken or destroy organized labor, which was seen as a focal point for subversion. (In Argentina, for example, as many as half of the disappeared were labor activists.)

This forced march toward "free" markets produced a rapid decline in living standards. For example, real wages in Chile were one-third lower in 1976 than in 1970. Infant mortality increased dramatically.  But after the initial shock, there was limited economic recovery, especially in Chile. Although most of the benefits of growth were concentrated in the hands of a small elite, employment and wages increased while inflation declined. Economic success helped to calm at least some of the discontent with military rule. In fact, all three military governments relied on economic success to deflect attention from, or compensate for, political repression.

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If the Southern Cone provides a particularly striking example of human rights violations, it also provides a moving example of resistance. On April 30, 1977, fourteen middle-aged women, frustrated in their search for their disappeared children, met publicly in the Plaza de Mayo (the main square of Buenos Aires) in front of the Casa Rosada (the president's residence and the seat of government). The weekly Thursday afternoon vigil of the Mothers of the Plaza de Mayo -- white scarves on their heads, silently walking around the square -- became a symbol of both the cruelty of the military regime and the refusal of at least some ordinary people to bow to repression.

Although subject to harassment and even attack -- nine people associated with the mothers, including two French nuns, permanently disappeared on December 10, 1977, after evening mass -- the mothers persevered and grew in numbers and in strength. By 1980, they had almost five thousand members and were able to set up a small office.

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The Argentine military, ironically, finally fell from power after it lost a conventional war with Britain over control of the obscure Falkland Islands. Argentina had long protested British occupation and control of the Malvinas, as they are known in Latin America. In April 1982, the junta decided to reclaim them by force, a ploy to deflect public attention from the collapse of the economy during the global recession of the early 1980s.

But when the invasion was decisively repulsed, the Malvinas episode completed the military's humiliation rather than rescuing its reputation. Having attacked its own people, brought the economy to the brink of ruin, and then embarrassed itself and the country before the entire world, the Argentine military had little choice but to permit a return to civilian government. On October 30, 1983, Raúl Alfonsin won the national presidential election. He took office on December 10, the thirty-fifth anniversary of the adoption of the Universal Declaration of Human Rights.

In Chile, the economy also collapsed in the early 1980s. In 1982, per capita gross domestic product declined one-sixth. By March 1983, onethird of the labor force was unemployed. The minimum wage lost between one-fifth and one-half of its purchasing power. Close to half of Chile's children were malnourished, an appalling situation in a country that had previously been relatively prosperous. A wave of bankruptcies brought hard times even to the middle and upper classes.

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Regimes on racial discrimination, women's rights, torture, and the rights of the child have developed around similar treaty-reporting schemes.

These treaties give added international prominence to the rights they address. The mandated periodic review of reports provides additional international scrutiny of state practices in these areas. And the treaties give greater range, precision, and force to the much more general formulations of the universal Declaration and the Covenants.

For example, the torture convention states that "No exceptional circumstances whatsoever, whether a state of war or threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture". Orders from superiors are explicitly excluded as a defense. Special obligations are established for training law enforcement personnel and reviewing interrogation regulations and methods. To reduce incentives for torture, statements obtained through torture must be made inadmissible in all legal proceedings. The convention also requires that wherever the alleged torture occurred and whatever the nationality of the torturer or victim, parties must either prosecute alleged torturers or extradite them to a country that will.

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