{"title":"Norms versus Interpretations: Human Rights Universality Revisited","authors":"Gabriela García Escobar","doi":"10.1515/gj-2023-0001","DOIUrl":null,"url":null,"abstract":"Abstract Debates on human rights universality frame universality according to an anthropological view called Western universalism and consider that “cultural relativism” is equivalent to any other framework. Thus, the discussion on this topic has been reduced to who is the rights-holder and the concept of human rights itself. There is a third approach to universality that must be addressed: the universality of interpretations. Most critics of human rights universality do not contest internationally agreed human rights norms (as established in treaties). Rather, they react against interpretations or standards as have been developed by human rights mechanisms. Accordingly, this paper explores three positions that have been developed around this notion: flexible Westerns, dialogical perspectives, and bottom-up approaches.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"23 1","pages":"183 - 205"},"PeriodicalIF":0.0000,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Jurist","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/gj-2023-0001","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract Debates on human rights universality frame universality according to an anthropological view called Western universalism and consider that “cultural relativism” is equivalent to any other framework. Thus, the discussion on this topic has been reduced to who is the rights-holder and the concept of human rights itself. There is a third approach to universality that must be addressed: the universality of interpretations. Most critics of human rights universality do not contest internationally agreed human rights norms (as established in treaties). Rather, they react against interpretations or standards as have been developed by human rights mechanisms. Accordingly, this paper explores three positions that have been developed around this notion: flexible Westerns, dialogical perspectives, and bottom-up approaches.
期刊介绍:
Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.