Are Human Rights Universal? By Mayurakshi Sarkar at Lexcliq
A theorist's interpretation of human rights depends on their understanding of moral
obligation, international law, and their relationship in international relations. It is a
philosophical argument about whether or if human rights are universal, and how widely
acknowledged and appreciated they are. The issue becomes much more difficult when values
from various philosophies are translated into practical politics. In a world of varied cultures
and political beliefs, trying to universalize human rights can be difficult and confusing. With
respect to both national obligation and the link between respect for sovereignty and moral
justification for intervention, progress has been made in codifying human rights duties at the
international level.
To make human rights universal in practise, proof must be supplied of their availability as
well as accessibility. This distinction is critical in international relations because it determines
whether infractions are a topic for international discussion or must remain largely domestic.
This essay will analyse the extent to which human rights are universal within an international
framework that strives to balance moral obligation with respect for variety and national
sovereignty.
However, several views challenge cosmopolitanism by questioning the universality of human
rights. These ideas stem from a different understanding of rights, claiming that humans do not
inherit rights simply by being human. They get them as members of a community.
Communitarianism is a powerful branch of this political philosophy. That is, fundamental
inequalities in moral norms, values, and world views exist among groups. Because of these
cultural variances, it is hard to develop a definitive list of rights that apply to all. The perils of
universalising morality trump any good intentions that are ‘incompatible with a commitment
to human rights'.
The relationship of states is essential to the topic of universal human rights. This relationship
has altered tremendously in terms of culture, economics, immigration, and justice. Inevitably,
this has influenced human rights conception and implementation. Globalisation has increased
economic interdependence, causing global problems that require global solutions. As a result
of globalisation, NGOs now occupy a ‘considerable institutional space' as governments
restructure to reflect new global solutions. Transnational decision-making processes are
progressively taking precedence over national decision-making processes, causing a decrease
in state power.
The importance of NGOs has tremendous effects on maximising worldwide human rights
accessibility. NGOs can help reduce border significance, thereby lowering the extent to
which internal variables allow human rights abuses. This is most visible in Latin America
during periods of violence and violation. In Uruguay, for example, NGOs pushed hard for
truth commissions, demonstrating their power to override any impunity imposed by regimes
that violate human rights. Both universal jurisdiction and the emergence of NGOs work
together to hold offenders accountable without jeopardising the international order. Borzutzsy
notes that Pinochet's detention in London "stimulated the human rights NGOs." This means
that as globalisation accelerates, NGOs should become more effective, increasing access to
human rights and enhancing their universality.
Sovereignty, fairness and accountability are fundamental concepts in international relations.
Human rights abuses are not foreseeable, as demonstrated in Latin America. On the extent of
universality of human rights, philosophers are split by their conceptions of justice and
accountability. In reality, however, human rights are far from universal, as they are only
occasionally accessible to particular states. Because of this disparity, the international
community should address it. This could be accomplished in two ways. This will prevent
states from prioritising their own interests before protecting human rights. Notably, the role
of human rights NGOs is expanding as universal jurisdiction is accepted globally. As for
promoting human rights, states must acknowledge their moral responsibility to do so and
transfer their economic interdependence into humanitarianism. In order to promote human
rights, they must allow human rights to play a role in inter-state interactions. Any claims to
universal human rights will be severely damaged if states continue to ignore tragedies like
those in Latin America.
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