The question of human rights and their consequences in the natural and objective scenarios are relative to the cultural context in which they arise. In this document, we will demonstrate how even if the instruments of Human Rights international Law try to defend a universal conception of Human Rights, they are obliged to allow implementation of the rights protected as well. In the second part, we will defend the idea that a part of the Human Rights is clearly dependant on the cultural context and illustrate how the international community should respect these different views.
[...] The debate between objectivity and diversity has been powerful during the Cold War. The West accused the Communist World of violating civil and political Human Rights whereas in the opposite way, the Communist World charged the Western democracies with violations of the more important economic and social rights. Even before the Cold War, such criticisms have been opposed to the French Declaration of the Human and Citizen Rights (1979). Marxists argued that the rights declared in the text were only theoretical because only rich people could enjoy them. [...]
[...] What respect is there for other Human Rights' views? 8 IV. Conclusion 8 BIBLIOGRAPHY 9 Introduction The question arisen by our topic is to know if there is a unique, objective and universal conception of Human Rights. Most of the declarations about Human Rights underline their universalism[1]. At the same time, the cultural diversity is also declared as a Human Right. Diversity and universalism as well as objectivity do not look consistent. It doesn't appear possible to conciliate these two very different ideas. [...]
[...] If there was a real objectivity of these rights, we should not need to discuss their reality. It seems that the idea of universality is much more realistic than the idea of objectivity. However, even the instruments which affirm this universality have to admit various implementations. In this way, some treaties themselves recognize the necessity to moderate this universalism. B. The universalism's moderation by various States' implementations The affirmation of the universality of the Human Rights can in this way enter in conflict with the national sovereignty. [...]
[...] This demonstrates that the culture of a country is fundamental in its vision of the Human Rights. In this way, regional conventions appear fundamental to give a text specific to each culture The European Convention on Human Rights The cultural variations in the European Convention are expressed both in the concept of margin of appreciation and in article 63 which deals with colonial territories. The margin of appreciation The member states establish reserves and are allowed to give their own interpretation of the rights when there isn't any consensus about it. [...]
[...] When one takes into consideration the attitude of the Bush administration, it can appear to look like a crusade. The Bush administration speaks about the “good side” and the side” as if one were to come back at the time of the Cold War with disinformation campaigns about other countries, coarse lies and demonised cultures. Iraq War had the goal to give the democracy in this country but is it possible to impose such principles, even if we support it, resorting to force? [...]
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