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Can there be a universal norm of human rights?

The United Nations Organization was established in 1945 on the basis of "faith in fundamental human rights." It furthermore committed itself to promoting "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion." Member States solemnly pledged themselves "to take joint and separate action in co-operation with the Organization" for the achievement of that commitment. In the first twenty years of its existence, the United Nations in its human rights agenda concentrated on norm creation. The Universal Declaration of Human Rights (1948) provided a "Rule Book" to the concepts of human rights and fundamental freedoms and served as the basis of expanding the exact meaning of those concepts even further. It is fair to say that the Organization in those first few years succeeded in gathering universal support for the agreement of faith in human rights. The agreement proclaimed: "the idea of human rights is accepted in principle by all governments regardless of other ideology, regardless of political, economic, or social condition." A few years ago, while still president of the United States, Bill Clinton's visit to China renewed the worldwide debate


Demands for a concept of human rights that is sensitive to cultural and religious particularities and values continue to be voiced. Certain Muslim religious fanatics speak of "an official Islamic alternative" to the human rights. Their governments in national and international meetings demand authority over cultural and religious issues such as women's dignity, which, they say, is at risk when universal standards are applied in their countries, especially in the areas of marriage and the family. They state the rules of Islam are an integral part of the Islamic religion and subordinates all the rights and freedoms enunciated in the Human Rights Declaration. As impractical as this may sound, it receives support from many parts of the world, as the other end of the spectrum is also questionable. For example, in international human rights, American performance has overall been controversial, for the United States has been particularly reluctant to ratify international human rights instruments. Furthermore, in spite of the apparent agreement on universality, however, it cannot be denied that when it suits some states, the idea of universal human rights has been and continues to be questioned and disowned. For example, when it comes to self-interests, Americans tend to take a path different from what they pledged. It is for such reasons that the exact meaning of human rights tends to be hazy, subjective and clouded. The nature and content of human rights is as controversial today as it was in 1948 when the Universal Declaration of Human Rights was adopted.

The magnitude of the horrors of the Second World War and the need to protect individuals from abuses on that scale provided sufficient reasons for states to put their own interests and claims of sovereignty in second place in 1948. For decades most western developed countries have put emphasis and resources on the promotion and protection of civil and political rights. They see these rights as necessary ingredients of good governance and democracy, which are necessary to development. Civil and political rights are characterized as cost-free rights in that governments are only required to abstain from activities, which would violate them. This is contrasted with economic, social and cultural rights, which require governments to do something, thereby committing considerable resources, to ensure i

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Approximate Word count = 1590
Approximate Pages = 6 (250 words per page double spaced)


  

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