Scientific journal paper Q3
Can cultural relativism affect the international protection of human rights?
João Ferreira Dias (Ferreira Dias, J.);
Journal Title
Revista Jurídica Portucalense
Year (definitive publication)
2024
Language
English
Country
Portugal
More Information
Web of Science®

This publication is not indexed in Web of Science®

Scopus

Times Cited: 0

(Last checked: 2024-12-22 18:13)

View record in Scopus

Google Scholar

Times Cited: 0

(Last checked: 2024-12-22 13:22)

View record in Google Scholar

Abstract
This paper examines the influence of cultural relativism on the international protection of human rights, addressing the complex interplay between universal human rights standards and cultural diversity. Cultural relativism, which posits that human rights should be interpreted within the context of a specific culture, often conflicts with the principle of universality upheld by international human rights instruments. This tension raises critical questions about the applicability and enforcement of human rights norms across diverse cultural landscapes. By analyzing concrete cases and theoretical perspectives, the paper explores how cultural relativism can challenge and enrich the discourse on human rights. It highlights the potential for cultural relativism to undermine universal human rights protections by justifying practices that violate fundamental rights. Conversely, it argues that a nuanced understanding of cultural contexts can enhance the legitimacy and effectiveness of human rights interventions. The paper concludes by advocating for a balanced approach that respects cultural diversity while upholding the core human rights principles, emphasizing the need for dialogue and adaptability in the international human rights regime. The paper examines how instruments like the African Charter on Human and Peoples' Rights offer pathways to reconcile universal human rights with cultural diversity through adaptive frameworks.
Acknowledgements
--
Keywords
Cultural relativism,Universalism,Ius cogens,Human rights
  • Sociology - Social Sciences
  • Law - Social Sciences
  • Political Science - Social Sciences
Funding Records
Funding Reference Funding Entity
UI/BD/151564/2021 FCT

With the objective to increase the research activity directed towards the achievement of the United Nations 2030 Sustainable Development Goals, the possibility of associating scientific publications with the Sustainable Development Goals is now available in Ciência-IUL. These are the Sustainable Development Goals identified by the author(s) for this publication. For more detailed information on the Sustainable Development Goals, click here.