Universal Concept of Human Rights: A Cultural Relativist
Approach and Legal Pluralism vis-à-vis Gender-Based
Discrimination


Akanksha Pathak*


Published on August 18, 2022 | Manuscript Number: 2022/LKLR/18001 | Page Numbers: 1-17

Abstract: Human rights over time have taken the shape of the common and set legal standard of rights through various international instruments and are internationally well known and accepted universally, thus establishing its universality. However, this universal concept of human rights is often challenged by various nations and authors with the approach of cultural relativism, reservation to treaties, and legal pluralism. Asian and African nations often call these human rights a western concept that has not taken into account the individuality of different cultures into it. Many scholars have taken the support of a culturist approach to human rights and imbibing cultural values in them. States are often seen making reservations to treaties on cultural and religious bases which has often led to violation of rights of a particular gender or group of people belonging to ethnic, social, and cultural minorities. Pluralistic world order and pluralistic laws in a country imbing cultural values often promote inhumane practices like female mutilation and freedom of speech and expression. That is why authors and nations support a universal concept for all which has humanistic value, which cannot be taken away by any nations or institution’s legal charters. To understand these world human rights challenges and claims, we first need to understand their components.

Keywords: Human Rights, Cultural Relativism, Legal Pluralism, Cultural Gender Discrimination.

*Dr. Ram Manohar Lohiya National Law University, Lucknow

Cite as: Akanksha Pathak, Universal Concept of Human Rights: A Cultural Relativist Approach and Legal Pluralism vis-à-vis Gender-Based Discrimination (2022) 2(1) LKO. L. REV. 1