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2 - Human Rights and Their Cultural Connection
Julie Fraser, Universiteit Utrecht, The Netherlands
Book:

Social Institutions and International Human Rights Law Implementation</I>

Published online:

04 September 2020

Print publication:

06 August 2020, pp 21-63
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Summary

Due to persistent cultural contestation of rights, Chapter 2 elaborates upon the history and relationship between culture and human rights. It sketches the development of international human rights law from the 1940s to date, detailing the debates in that period regarding universality and cultural relativism. The chapter concludes that the debate is less dichotomous now, forging a middle path that acknowledges (to an extent) the importance of culture and its (not unlimited) accommodation in human rights. One mechanism by which human rights can accommodate cultural diversity is via domestic implementation. Therefore, Chapter 2 includes a detailed analysis of literature on culturally sensitive approaches to human rights implementation, which advocate embedding rights in local social institutions to secure their acceptance, protection and enjoyment. Chapter 2 argues that such approaches are crucial as they demonstrate principled respect for cultural diversity, as well as promoting the efficacy of implementation measures.