This article was originally published in Issues in Ethics - V. 8, N. 3 Summer 1997. Human rights include many very important cultural rights, which should be given equal attention, such as the right to participate in cultural life, enjoy one’s culture, etc. The United Nations and associated human rights measures were created for the purpose of putting some substance behind the refrain "never again. There are countless other examples of state practices that violate the internationally protected rights of women. These practices, which are perpetrated and condoned by parents or significant adults within the The fact that civil and political rights were inextricably linked to economic, social and cultural rights rendered such separation senseless for the victims of human rights violations. But this story is not fictional; it is the real-life drama of Fauziya Kasinga, a teenager from Togo, West Africa. If one views them from this perspective, it is not hard to make the argument that international human rights norms should be universally applied, giving all peoples the benefit of their protections. “In addition to the extreme pain…the lack of medically sterilized equipment and facilities increases the likelihood of infection and lasting physical damage, and may even lead to death,” the report stressed. Or the cultural norms in a caste-based society may justify discrimination against members of the lowest caste. Around the world, there is an increasing call for justice, truth, and reconciliation Protecting a culture. Under the aegis of the United Nations, numerous human rights declarations, treaties, and conventions were drafted. violations of the fundamental human rights – political and civil rights, economic, social and cultural rights.1 In spite of the existence of this powerful framework, human rights violations continue to be witnessed in many forms and are of varying intensity. It also documents abductions, forced initiations, torture and rape by members of another secret society called Poro. Vari Hall, Santa Clara University500 El Camino RealSanta Clara, CA 95053408-554-5319, Hackworth Fellowships Project Showcase 2021, The Ethics of Going Back to School in a Pandemic, Systemic Racism, Police Brutality, and the Killing of George Floyd, COVID-19: Ethics, Health and Moving Forward, The Ethical Implications of Mass Shootings, Political Speech in the Age of Social Media, Point/Counterpoint: Democratic Legitimacy, Brett Kavanaugh and the Ethics of the Supreme Court Confirmation Process. If you try to apply it directly to tradition, you will find that it is not a perfect fit and will affect a lot of [cultural] practices such as initiation.” Some 58 percent of Liberian women and girls have undergone female genital mutilation (FGM) – generally without anesthesia – a practice widely used by a secret society called Sande and affecting poor households twice as much as wealthy ones. For example, many countries have ignored the right to freedom of thought, conscience, and religion. These procedures allowed for prolonged incommunicado detention and increased the risk of tor… On a number of occasions, I was asked what right I had to judge or condemn the cultural practices of polygamy and FGM. Because culture affects all aspects of human life, cultural rights illustrate the indivisibility and interdependence of all rights in a more comprehensive fashion than do any other rights. 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For women, upon whose shoulders the burden of upholding cultural norms and values often falls, traditional values can be a tool that curtails their human rights. monitored the violation of the right to health; right to work in the land and sea buffer zones in the Gaza Strip; and the violation of educational, cultural and religious rights in East Jerusalem and the Old City of Hebron in 2019. One of the most fundamental declarations adopted by the U.N. General Assembly is the Universal Declaration of Human Rights. The African Charter does not expressly mention trade union rights or the right to an adequate standard of living. The human rights standards that came into existence after World War II were not legislated by a few powerful nations. The treaties also prohibit racial and gender discrimination. A violation of economic, social and cultural rights occurs when a State fails in its obligations to ensure that they are enjoyed without discrimination or in its obligation to respect, protect and fulfil them. peoples have the right of self-determination. HUMAN RIGHTS ‘The law is the way it is. Women are not even permitted to leave the house unless in the company of a male relative. We note that, while the 1997 Maastricht Guidelines on Violations of Economic, Social and Cultural Rights (the Maastricht Guidelines) developed by the International Commission of Jurists have been recommended by the United Na-tions Commission on Human Rights to national human rights institutions deal- In particular, the rights of children, women and girls monitored the violation of the right to health; right to work in the land and sea buffer zones in the Gaza Strip; and the violation of educational, cultural and religious rights in East Jerusalem and the Old City of Hebron in 2019. From this perspective, there is little reason to argue that international norms should supersede a state's history, culture, or religion. Often a violation of one of the rights is linked to a violation of other rights. 2005 - Socially irresponsible. Female Genital Mutilation: sacred cultural practice or human rights violation? “Liberia’s human rights obligations must take precedence over any local practices considered to be ‘cultural’ or ‘traditional’ where such practices are incompatible with human rights principles,” UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein said, as his Office and the UN Mission in Liberia (UNMIL) released a report on the issue. The formation of the United Nations in 1945 was a response to the unthinkable atrocities of the Holocaust and the failure of the international community to act. However, many cultures continue to deny women equal rights. For example, the cultural norms in a patriarchal society become a way to maintain the inequality of women. Senior United Nations officials have called on Liberia to take strong action against deadly human rights violations masquerading as cultural practices, such as female genital mutilation, forced initiation into secret societies, witchcraft accusations, trials by ordeal and ritualistic killings. The cultural norms in a racist society normalize and justify discrimination against members of the despised racial or ethnic group. Culture is created by people and people can change culture. These treaties protect civil, political, economic, social, and cultural rights. 1 OMCT, Manila 91 : International Symposium on Democracy, Development and Human Rights, 1992, p. 17; OMCT, Torture and Violations of Economic, Social and Cultural Rights: Appraisal of the Link and Relevance to In 2018, Human Rights Watch described the Chinese government’s mass arbitrary detention, torture, forced political indoctrination, and mass surveillance of Xinjiang’s Muslims. The cultural relativists often characterize culture as an essential attribute of self-determination and of a people's sovereignty. violations of the fundamental human rights – political and civil rights, economic, social and cultural rights.1 In spite of the existence of this powerful framework, human rights violations continue to be witnessed in many forms and are of varying intensity. HUMAN RIGHTS ‘The law is the way it is. Invocations of culture, religion and tradition can never justify violations of human rights. Once she had made this decision, my role was simply to support her in her profound desire not to be subjected to FGM or forced into a polygamous marriage. There are people within every culture who oppose harmful cultural practices and violations of human rights. As individuals think about these two opposing positions and determine which is more morally compelling, they may be assisted by examining the origins and objectives of international human rights norms and by considering additional examples where international norms and culture are in conflict. The aim of this report is to analyze the human rights violations … The U.N. Modern international human rights law traces its origins to the post-World War II period, when countries acknowledged the profound need for an international consensus regarding the protection of basic human rights. I was sometimes accused of being a "cultural imperialist" by imposing my Western concept of human rights on a very different culture and country. As is the case with all human rights, economic, social, and cultural rights can be violated by states and other actors. Political Parties — Aiming Right But Shooting Left. 2008 - Economic, social and cultural rights: violations vs. moratorium. This view does not consider culture inviolate; in fact, from this perspective, culture is often seen as the expression of the worldview of the most powerful in society. Economic, social and cultural rights (ESCR) include the rights to decent work, an adequate standard of living, housing, food, water and sanitation, social security, health, and education. In this light, proponents of universality argue that international human rights norms have moral authority because they constitute the world community's consensus regarding ethical behavior between governments and their citizens. Save my name, email, and website in this browser for the next time I comment. ", The U.N. Charter identifies one of the organization's primary objectives as "promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.". The following are all examples of civil rights violations: 1. violations. The declaration's preamble states that it is to serve "as a common standard of achievement for all peoples and all nations." Senior United Nations officials have called on Liberia to take strong action against deadly human rights violations masquerading as cultural practices, such as female genital mutilation, forced initiation into secret societies, witchcraft accusations, trials by ordeal and ritualistic killings. These drafters agreed that state sovereignty could never justify certain governmental practices, such as genocide or torture. Sometimes the best way to understand a violation is to see it in action. These issues are at the heart of a long-standing controversy between the concepts of the universality of human rights and cultural relativism. 2008 - ITALIAN VERSION OF THE GENDER EQUITY INDEX 2008 (pdf) 2007 - Privatization versus defence of public services. They also may regard international norms as little more than legal pronouncements the arbitrary dictates of the more powerful nations of the world, engaging in modern "colonization" by imposing their standards on less powerful nations. But as human rights have won . Understanding And Addressing Violations Of Economic, Social And Cultural Rights In Transitional Justice: An Assessment Tool. Female genital mutilation has been condemned as a violation of internationally protected human rights, yet it continues to be an integral part of many African, Asian, and Middle Eastern cultures. Background. This story ended up on the front page of The New York Times, and its heroine was interviewed by Ted Koppel on "Nightline.". That plea was granted in June 1996, setting the precedent that women refugees who flee persecution related to their gender-in this case genital mutilation-are entitled to protection under U.S. immigration laws. The International NGO Council on Violence against Children presents a report on harmful practices based on tradition, culture, religion or superstition that violate the rights of children. of the Limburg Principles devoted to violations of economic, social and cultural rights and focus on the obligations for State Parties arising from the instruments discussed earlier.3 1. Invocations of culture, religion and tradition can never justify violations of human rights. The cultural rights movement has provoked attention to protect the rights of groups of people, or their culture, in similar fashion to the manner in which the human rights movement has brought attention to the needs of individuals throughout the world. 2008 - ITALIAN VERSION OF THE GENDER EQUITY INDEX 2008 (pdf) 2007 - Privatization versus defence of public services. During the extensive publicity surrounding Fauziya's case, I was interviewed frequently by TV, radio, and print journalists. The initial launch of recording cases of human rights violations against cultural figures and cultural rights in Belarus was intended to include subsequent communication with the Ministry of Culture of Belarus in order to influence state culture policies, change legislation, and address restrictive law enforcement practices. Cultural relativism will not be analyzed in relation to other human rights that may be part of international law, such as the socioeconomic or "second generation" rights. The Universal Declaration has been followed by a number of treaties that elaborate on its basic rights and freedoms. 2008 - Economic, social and cultural rights: violations vs. moratorium. You have entered an incorrect email address! Those in favor of a universality approach to human rights not only question the sanctity of culture, but they also disagree with the view that international human rights standards are little more than arbitrary legal pronouncements. They can build on the positive and transform the negative aspects of their culture. The fact that so many nations did not intervene in a timely manner or at all as the Nazis repressed, persecuted, and then exterminated millions of people was evidence to the world community of its tragic failure. ESCR are thus as essential as the freedom of expression or the right to a … Even these, however, are not unlimited. 2006 - Shrinking resources for development at home and abroad. violations. In China, female infanticide is practiced; in India, brides may be burned to death if the dowry they bring to the marriage is too small; in the West Bank and Gaza, unmarried women suspected of bringing dishonor to their families by losing their virginity may be killed. Access more resources on cultural heritage and human rights in our Document Library. In February, President Xi Jinping emphasized that the legal system should be under the Chinese Communist Party's absolute leadership. In light of these very concrete examples, which approach is more morally compelling—universality or cultural relativism? As part of the marriage, she is to suffer the tribal rite of passage of female genital mutilation (FGM). The African Charter does not expressly mention trade union rights or the right to an adequate standard of living. To the degree that the cultural norms are created and maintained by the powerful, they may disenfranchise less powerful individuals or groups in a society. Non-members considered to have transgressed its rules, for instance by ‘trespassing’ on its sacred ground or remaining outdoors during Poro activities, have also at times been forcefully initiated, tortured and, in two documented cases, gang-raped. In the context of representing Fauziya in her request for asylum, I felt there was a relatively easy response to these accusations of cultural imperialism: namely, that it was Fauziya herself who had disagreed with and resisted the practices of her own culture. While the report takes note of the progress made by the government in combating such practices, the recent incident in Ganta shows the urgent need to strengthen the formal justice system,” UNMIL chief Farid Zarif said. It sets forth the basic rights and freedoms that the international community committed itself to respecting and protecting. Declaration on the Elimination of Violence Against Women condemns FGM as an act of violence against women and states that countries "should condemn violence against women and should not invoke any custom, tradition, or religious consideration to avoid their obligations with respect to its elimination.".
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