Term Paper on "Do Human Rights Following a Cultural Relativism Approach Depend on International Regimes for Their Implementation?"

Term Paper 30 pages (7536 words) Sources: 1+

[EXCERPT] . . . .

Enforcement of Non-Universal Human Rights

There are some practices that are so abhorrent and degrading that they simply cannot be justified -- ever.

Genocide will never be successfully defended with a human rights argument.

Rape cannot be justified on free-speech grounds"

Sullivan 2006 ¶ 17).

Contemporary Human Rights Considerations

Throughout history, the outcry, "Never again!" against despicable human rights violations echoes, may reflect well-meaning intentions, however, in reality, frequently constitutes words without power. In the journal article, "The protection of human rights under international law: will the U.N. Human Rights Council and the emerging new norm "responsibility to protect" make a difference?," Ved P. Nanda (2007) recounts historical accounts that he contends have contributed to positive changes relating to the international community's focus regarding global international human rights issues. Nanda (2007) simultaneously describes numerous achievements: "in creating the essential norms, as well as the implementation machinery" (V1 ¶ 3) as positive, yet "sorely lacking is the implementation and enforcement of those norms by states as the major actors that matter" (V1 ¶ 3). According to Nanda (2007), ensuring that norms regarding to human rights are implemented and enforced constitutes a critical challenge for the world today.

No Matter Who or Where, Human Beings Deserve Basic Human Rights

Human beings, Nanda (2007) stresses, no matter who they are or where they live, deserve basic human rights. In addition, Nanda (2007) purports that a universal acceptance of the international law norm exists: "that human rights of all, irrespective of their sex, race, ethnicity, religion, language, social status, or political preferences and affiliations, must be protected and secured" II ¶ 3).

Human rights protections, albeit, as the UN Charter relates in the Universal Declaration of Human Rights, the International Bill of Rights, along with affirmations in a number of numerous treaties, too often rather than challenging realities, contradict the global reality of human rights violations.

Sickening, sadistic systematic human rights violations, which frequently include: "genocide, war crimes, and crimes against humanity, are an everyday occurrence in so many parts of the world" (II ¶ 3).

Examples of atrocious violations of human rights include:

The killing fields of Cambodia, the genocides in Rwanda and Darfur, and severe violations of human rights in several other countries including Somalia, Haiti, Bosnia, Kosovo, Ivory Coast, Sierra Leone, Liberia, and the Congo, constantly remind us that the world community has yet to institute effective mechanisms to prevent and deter these shameful blots on humanity. Nor are there adequate means available to stop these tragedies once they unfold.

Nanda 2007 II ¶ 4)

Global Problem

In consideration of this global problem, a contemporary anomaly, with the potential to adversely affect every person: with a number of norms stipulating specific strategies to challenge these acts; with states confirming specific strategies, and yet with the contemporary, continuing systematic implementations of atrocities and violations blatantly disregarding these norms across the globe, questions regarding the interconnections between universal human rights and global governance concepts particularly began to concern this researcher.

In light of current contradicting considerations regarding non-universal human rights and universal human rights, the idea for a study exploring components contributing to this critical concern evolved. Consequently, the thesis for this research effort purports: Although the UN Declaration contends that society defines an individual's human rights, at times as human rights may at times conflict with universal societal norms, and consequently non-universal human rights (cultural dependent) may ultimately mandate that international regimes advocate their enforcement.

What are a number of human rights violations that currently merit considerations?

Why components contribute to the determination of whether a human right constitutes a non-universal or universal human right?

What factors may mandate that international regimes advocate the enforcement of human rights?

Contemporary International Nations' Inadequacy to Ensure Human Rights

The problem of adequately assuring human rights, along with a dearth of political will and/or power relates to their universal or culturally relativity. One underlying cause for human rights violations relates to the world's contemporary, "state-centered international system, under which each state jealously guards its sovereignty and often invokes the doctrine of non-intervention in its internal affairs" (Nanda 2007 II ¶ 5). Neither geography or political systems determine human rights existence, however, the survival of human rights, as well as, an individual, whose "life" may at times hinge on these rights being sustained, often need international governments to confirm and protect them. By their nature, Collin Sullivan (2006), a Senior political science and international studies major, explains in a column, "Cultural relativism not an argument for abhorrent practices": "Human rights, simply by their nature, are universal (¶ 11).

Statement of the Problem

The problem for this study relates to the determination of when international agencies should intervene to enforce individuals' human rights. Controversy often encompasses the identification of human rights, particularly when a certain culture contends that their societal practices do not constitute abuse of their citizens' human rights. The challenge exists, nevertheless, to identify when the proclaimed cultural practices do constitute universal human rights abuse, and conflict with universal societal norms. In light of this contemporary challenge, this report their four explores the problem of times when non-universal human rights (cultural dependent) may ultimately mandate that international regimes advocate their enforcement.

Significance of the Study

The subject of international or global entities enforcing non-universal human rights not only interests, but concerns this researcher for various reasons, which include, but are not limited to the following:

The general concept of human rights intrigues this researcher.

The study of this particular search it presents the opportunity to attach some normative and practical meaning from this researcher's personal point-of-view.

The possibility of universal rights, if they can be righteous, especially appeals to this researcher.

This study affords this researcher the means to ultimately confirmed personal perceptions regarding the right of the individual vs. The society.

As this researcher's point-of-view stands out from the UN Declaration, this particular case study proves significant as it also allots this researcher the platform to confirm and/or discount current personal perceptions and ultimately present determinations from findings that may ultimately benefit others by:

Reason here Another reason

One more reason

Research Design and Methodology

This thesis, a qualitative study, utilizes the case study methodology, currently considered a credible strategy of research methodologies. During this study, this researcher initally surveyed more than 50 credible online sources to ultimately access and more closely explore approximately # here of these publications and Web sites.

Organization of the Thesis

The following four chapters constitute the body of the thesis:

Chapter 1: Introduction

Chapter 2: A number of human rights violations which currently merit consideration

Chapter 3: Components contributing to the determination of whether a human right constitutes a non-universal or universal human right

Chapter 4: Factors which may mandate that international regimes advocate the enforcement of human rights

Chapter 5: Summary and Conclusions

Chapter 1: Introduction

Chapter one, which introduces this study's problem relates a bit of history regarding this concern, along with the statement and significance of the problem, this study's methodology, and the study's organization.

Chapter 2: Human Rights Violations

Chapter two presents

Chapter 3: Determination of a Non-universal or Universal Human Right

Chapter three explores

Chapter 4: Factors Potentially Mandating International Regimes

Chapter four critically examines

Chapter 5: Summary and Conclusions

In addition to Chapter five's recount and synopsis of relevant findings from researched information, this final chapter relates this researcher's concluding thoughts. In addition, during this final chapter, this researcher

Entering this Study's Next Phase

This researcher concurs with the contention Sullivan (2006) notes in the quote introducing this study, some human rights violations practiced in/by some cultures constitute practices that mandate interventions, if not by their own cultures, then perhaps international forces. Human rights theory draws principle from cultural relativism, albeit, but ultimately rests on the law of universalism. "Just because a government does not recognize or protect a particular right" (¶ 17), Sullivan (2006) stresses, does not mean that people who live under this government are not entitled to certain human rights. Determining when international agencies should intervene into which cultural practices that violate universal right, however, merits careful consideration.

As this researcher enters the next phase of this study to explore information, the quest to enhance this increased understanding will, in turn, contribute to confirming or disproving this study's thesis: Although the UN Declaration contends that society defines an individual's human rights, at times as human rights may at times conflict with universal societal norms, and consequently non-universal human rights (cultural dependent) may ultimately mandate that international regimes advocate their enforcement.

CHAPTER II

Human Rights Violations

Wherever there is a human being, see God-given rights inherent in that being, whatever may be the sex or complexion"

William Lloyd Garrison (1805-1879) (Bartlett 2000).

The second chapter of this study examines a number of human rights violations that currently merit considerations.

No Value System More Correct"? Sullivan (2006) purports that moral universalism suggests a number of moral standards exist: "by which all cultures and value systems may be judged" (¶ 10). This… READ MORE

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