Analysis Of The Universal Declaration Of Human Rights

1054 Words3 Pages

Since its adoption in 1948, the Universal Declaration of Human Rights (UDHR, herein Declaration) has acquired the status of ‘customary international law’. Despite its critical acclaim, however, critics propose that the Declaration ultimately is inept in dealing with complex modern human rights issues. This is because (1) The document does not equally account for the human rights concerns of all peoples; and (2) It lacks a comprehensive scheme as to suggest how its provisions should be adapted by member states. As a consequence, critics believe that a re-examination of the Declaration is in order. In relation to this allegation, this paper will concede that certain complex modern human rights issues may be beyond the scope of this Declaration. In its Preamble, the Declaration claims to be a “common standard of achievement for all peoples and all nations”. However, considering the origins of the human rights movement and the events contributing significantly to the drafting of this document, it can be read as only prioritising the human rights concerns of democratic nations of the time. A proponent of this thesis may well advance the cases of Female Genital Mutilation (FGM) and male circumcision. The point, the proponent reiterates is that within the Declaration, although not explicitly stated, there is this preconception of ‘culture’ as the antichrist of modernity. Given this, the Declaration is inadequate to dealing with complex human rights issues as it is insensitive to a multitude of cultures, and therefore needs ‘Historical priority doesn’t confer moral superiority’ (Ignatieff, M 1999, p. 22). The Declaration’s function is not to universalise European values but to put certain of atrocities, as endured throughout history, under eternal ban. Non-Western foes of human rights take proclamations of ‘universality’ as an example of Western arrogance and insensitivity. But universality properly means consistency: the West is obliged to practice what is preaches. This puts the West, no less than the rest of the world, on permanent trial. Genuinely ‘universal’ human rights regimes might well arraign that male circumcision enacted by certain democratic nations is no less in violation of human rights than FGM. Therefore, the Declaration does not warrant a

Open Document