UNIVERSALITY OF HUMAN RIGHTS: MEDIATING PARADOX TO ENHANCE PRACTICE Cover Image

УНИВЕРЗАЛНОСТ ЉУДСКИХ ПРАВА: РЕШАВАЊЕ ПАРАДОКСА У ЦИЉУ УНАПРЕЂИВАЊА ПРАКСЕ
UNIVERSALITY OF HUMAN RIGHTS: MEDIATING PARADOX TO ENHANCE PRACTICE

Author(s): Abdullahi Ahmed An-Na’im
Subject(s): Human Rights and Humanitarian Law, Sociology of Culture
Published by: Правни факултет Универзитета у Београду
Keywords: Paradox of universality; Cultural relativism; Overlapping consensus; Cross-cultural dialogue;

Summary/Abstract: This paper discusses „the paradox of universality of human rights“ in view of permanent and profound cultural differences that exist among human societies. The author argues that to prevent future human rights violations and to make them work effectively, it is necessary to integrate human rights into the culture of all peoples around the world. In other words, the concept of universality of human rights requires the effective participation of all human beings in defining and protecting human rights norms. However, the remaining question is how to achieve universal acceptance in our diverse world? The author proposes to mediate this paradox in promoting an „overlapping consensus“ among different cultural traditions through both an internal discourse within cultures and a crosscultural dialogue. This process has already begun with the Universal Declaration, and today is built on the existing international human rights treaties and institutions which must be susceptible to further developments and evolution. The author concludes that the universality of human rights and their cultural dimension can be compatible and mutually supportive, but it depends on how different actors perceive the matter and respond to them in particular situations.

  • Issue Year: 57/2009
  • Issue No: 4
  • Page Range: 23-49
  • Page Count: 27
  • Language: Serbian