Are Human Rights "western rights"?

Résumé du document

This paper considers to determine whether human rights are merely western rights, by considering statutory instruments at the international level and the development of fundamental rights and freedoms through the advancement of these instruments and the positive and negative aspects of their application. Then, it is important to recognise the other legally binding instruments that have developed regionally, that serve to advance human rights norms in looking to determine whether the recognition of human rights means they are recognising them as western rights. Finally, it is necessary to look to conclude with a summary of the key issues derived from this discussion in looking to recognise the fact one of the key reasons why human rights may be considered as western rights is derived from the fact that, in legal systems, like that found in the UK, allowances are more frequently made in looking to recognise the differences that come with having ethnic minorities and different beliefs within a society in looking to determine whether the aforementioned view is true.

Extraits

[...] Banda. F ‘Global Standards: Local Values' (2003) 17 IJLP & F 1. Banjul Charter 1982 at the Preamble. Ibid at Article 2. Ibid at Article 3. Ibid at Article 18(3). Dembour. M-E ‘Following the movement of a pendulum: between universalism & relativism' in Cowan, Dembour et al ‘Culture & Rights: Anthropological Perspectives' Cambridge University Press (2001). Gaffney-Rhys. R International Concept of Marriage' (2005) International Family Law. [...]

[...] However, it is now heavily influenced by western states, such as the UK and France. Accordingly, the Banjul Charter 1982 provides in Article 18(2) State shall have the duty to assist the family which is the custodian of morals and traditional values” and in Article 29 that individual shall have the responsibility to preserve and strengthen positive African values in his relations with other members of society in a spirit of tolerance, dialogue and consultation” and there can be no allowance for a derogation from international standards, even though they may meet the needs of the individual and the community at large, for the sake of cultural values[17]. [...]

[...] T Rise of the Inter-American Regime' (1997) 19 HRQ 510- 546. Caso Masacre Plan de Sánchez v. Guatemala, Judgment of 19th November 2004, Inter-Am Ct. H.R. (Ser. No (2004). Barrios Altos Case (Chumbipuma Aguirre et al. v. Peru), Judgment of November 30th 2001, Inter-Am Ct. H.R. [...]

[...] eds. ‘European Human Rights Law: Texts & Materials' Oxford university Press (1990). Woolf. Right Honourable, Lord et al ‘Review of the Working Methods of the European Court of Human Rights' (December 2005). Phillips A (2003) When Culture Means Gender: Issues of Cultural Defence in the English Courts Modern Law Review 66 , 510–531 (1991) 141 NLJ 55. [1998] 1 FLR 375. Shah. P. A ‘Attitudes to Polygamy in English Law' (2003) 52(2) ICLQ 369. Glen Ashby v. [...]

[...] Maxted. J & Zegeye. A ‘State Integration & Human Rights in Africa' (1997) 38 IJCS. Udombana. N. J ‘Between Promise & Performance: Revisiting States' Obligations Under the African Human Rights Charter' (2004) 40 Stan. J. Int'l L at p.108. Charter of the Organization of American States 1948 at Article 1. Farer. [...]