Jain Digest 2004 11 Vol 23 No 4

Author(s): Federation of JAINA
Publisher: USA Federation of JAINA

Page 21

Unity in Diversity
Kalpin Shah,
Human Rights, just as everything else, is a doubled edged 218) Further, the United Nations General Assembly, a uniquely sword. On one edge lies greater access to democracy and on the representative body, is authorized to address and advance the other lies oppressive tyranny. Along with this, there is a greater protection and promotion of Human Rights. As such, it's an long-standing dilemma of Universal Human Rights versus cultural excellent indicator of international consensus on Human Rights. relativity. It can be noted that this dilemma can essentially be All Member States of the UN have a legal obligation to promote reduced to the basic question of whether human behavior is based and protect Human Rights, regardless of particular cultural views. on nature or nurture- universally homogeneous or culturally
hy The Vienna Declaration states the obligation of all Member heterogeneous. Yet globally speaking, Human Rights (not human
States in its very first paragraph. The Universal Nature of Human privileges) are the natural-born rights of all humans, universally
Rights is beyond question and the universal respect (neither selective regardless of cultural diversity. Nevertheless, the diversity among
nor respective and protection of all Human Rights and all humans in their ideology, philosophy, culture, lifestyle and
fundamental freedoms is applicable to all humans. Warren functional religion is an involuntary variation among us. Chooseing
Christopher, U.S. Department of State Dispatch, agrees to the one over the other has its own consequences. While extreme
Vienna Declaration as the first responsibility of all Governments. universal Human Rights result in universal rigid hierarchical
He further states, the condition of Human Rights in a country is tyranny, radical relativism allows unchecked violations of our basic
a good measure of the quality of its government, and the free Human Rights. Yet it is this universal diversity that allows us to
exercise of Human Rights is the best safeguard against the abuse of unite while simultaneously remain true to our identity. Thus, the
national power." (Sane, 19) Thus, universally, individuals are long-standing dilemma can actually be channeled as a solution by
capable of holding their human rights and exercising them against accepting Universal Human Rights yet applying them relatively.
their state in cases of Human Rights violations.
UNIVERSALITY
DIVERSITY
Human rights (not Human privileges) are the naturalborn rights of all humans, regardless of cultural diversity. Human Rights, the very basic fundamental minimal rights, are essentially yours simply because we are human beings. One (every Human Right) for all [humans) and all (Human Rights) for one (human). The Human Rights are based on an understanding of human dignity that sees each person as an equal and a valuable human being. For example, every human is inherited with the Human Right to marry and found a family. (Donnelly, 49-50) Pollis and Schwab argue all societies have had and continue to human rights motions and that all societies cross-culturally and historically manifest conceptions of Human Rights. Others have contested that the concept of Human Rights can be traced back to the origin of human race. (Donnelly, 49)
The universal nature of Human Rights is literally written into the title of the Universal Declaration of Human Rights. From June 1993, the Vienna Declaration reconfirms, "All human rights are universal, indivisible and interdependent and interrelated.” (Sane, 17) They are accepted in the International Covenant of Economic, Social Cultural Rights, and the Article 27 of International Covenant of Civil and Political Rights addressing
8 ethnic, religious or linguistic minorities. (Murray and Wheatley,
Nevertheless, every human being has the right to culture, including the right to enjoy and develop cultural life and identity. The diversity in culture, ideology, philosophy and functional religion is an involuntary variation. This is actually constituted and protected by universal human rights institutions, for example, the International Bill fo Rights, the International Convention on Elimination of All Forms of Racial Discrimination, the Declaration of Race and Racial Prejudice, the Declarations on the Elimination of All Forms of Intolerance and of Discrimination Based on Religions or Belief, the Right of Persons Belonging to National or Ethnic Religious and Linguistic Minorities, and the list is endless. The Universal Declaration on the Right to Development states, in Article 18 and 19, the right to recognition before the law and to nationality, in Article 27, it states the right to participate in the cultural life of the community. (Donnelly, 71) In Article 27 of International Covenant of Civil and Political Rights protects rights of ethnic, religious, or linguistic minorities. (Murray and Wheatley, 20)
As all just laws-international or domestic-universal Human Rights neither harbor nor harm, neither represent nor orient, towards on particular culture. Universal Human Rights, under
JAIN DIGESTFall 2003 / 19