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Are Universal Human Rights Truly Universal: The Challenge Of Cultural Relativism




Sudiksha Prabhakar, PES University, Bengaluru


ABSTRACT


The relationship between the universality of human rights and the concept of cultural relativism has been a tensed one. This research paper examines whether the two can coexist or if their principles are fundamentally at odds. While human rights are commonly defined as inalienable rights inherent to all individuals by virtue of being human, the claim of their universality is often challenged on the grounds of cultural diversity and differing moral frameworks across various societies. The core question explored is whether universal human rights can truly apply to all cultures, or whether they should be adapted to accommodate cultural specificities. This study brings about how cultural relativism influences the interpretation and implementation of human rights, particularly in regions with deep-rooted traditions and non- Western value systems. It seeks to showcase how differing cultural norms can reshape the scope of rights and influence the perception of what is considered morally or legally acceptable. The paper also addresses the philosophical tension between asserting rights as universal and recognising that their practical application is shaped by local contexts. An important focus is placed on the drafting of the Universal Declaration of Human Rights (UDHR), and the reasons as to why cultural rights were largely excluded. Cultural rights were seen by some as potentially threatening to state unity or as secondary in importance to civil and political rights, especially in developing or transitioning societies. The analysis suggests that while human rights should retain their core universality to uphold human dignity globally, cultural rights may be best handled at the national level to reflect the specific needs and identities of diverse communities.


Keywords: Universality, Human Rights, Cultural Relativism, Cultural Rights, Morality, Human Dignity, UDHR.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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