Human Rights: Universality and DiversityHuman rights are by definition universal. Yet in a world characterized by enormous diversity, there is no consensus about the implications of the universality of human rights. In several regions of the world, human rights conceptions are promoted that challenge the mainstream, largely Western-dominated discourse on this subject. This volume offers an analysis of context-specific human rights discourses from East Asia, Subsaharan Africa and the Muslim World. Rather than interpreting these as threats to universality, the author examines how and to what extent the claims that are advanced can and should be accommodated in order to further the universality of human rights. A theory of inclusive universality' is developed, and its implications are translated into legal techniques. On the one hand, there are flexibility' techniques, allowing for contextual diversity in the interpretation and application of human rights norms. On the other hand, giving credit to non-Western views also implies that there should be room for transformation' of those human rights norms |
Contents
GENERAL INTRODUCTION | 1 |
Human Rights and the Universality Principle | 3 |
An Analysis of NonWestern Human Rights Claims | 27 |
Inclusive universality | 295 |
Legal Techniques for the Accommodation of Diversity | 341 |
GENERAL CONCLUSION | 509 |
BIBLIOGRAPHY | 517 |
| 561 | |
| 575 | |
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Common terms and phrases
Abdullahi Ahmed AN-NA'IM ACHPR ACRWC African Charter ALDEEB AN-NA'IM argument Asian Asian values Bangkok Declaration Bilahari KAUSIKAN CEDAW Charter on Human civil and political claims CmRC collective human rights collective rights concept context Convention Court cultural relativism cultural rights debate droits de l'homme ECHR economic and social ECtHR European Fatsah OUGUERGOUZ formulated human rights discourse human rights law human rights protection human rights standards human rights system human rights violations ICCPR ICESCR ijtihad inclusive universality individual rights international human rights International Law interpretation Islam and human Islamic law Islamic reservations Karel VASAK LEE Kuan Yew limitation clause margin of appreciation Muslim NGOs non-Western obligations particular perspective political rights principle provisions Qur'an regard religion religious restrictions right to development shari'a situation social and cultural social rights society specific supra traditional UDHR UIDHR Universal Declaration universality of human Western women