Ethics of Human Rights: Universalism or Cultural Relativism?

Universal Declaration of Human Rights

On December 10, 1948, the UN adopted the Universal Declaration of Human Rights. After the Holocaust and World War II, the international community decided: there exist rights that cannot be violated under any circumstances — regardless of the state, culture, or religion. These include the right to life, the prohibition of torture, the right to a fair trial, freedom of speech, and freedom of religion.

Philosophical foundation: human rights are not a gift from the state or religion, but an attribute of human dignity as such. "All human beings are born free and equal in dignity and rights" — Article 1. This is the Kantian argument: every person is an end in themselves, not merely a means.

The Problem of Universalism

Can we declare rights "universal" if they are formulated predominantly by Western authors? In 1948, most countries in the world were colonies — and their peoples did not participate in the drafting of the Declaration. Is it universal or cultural imperialism?

Concrete tensions. The right to freedom of religion vs. blasphemy laws in many countries. The right to equal treatment regardless of gender vs. religious practices discriminating against women. The right to property vs. communal forms of ownership among indigenous peoples. The right to freedom of speech vs. ban on "insulting" symbols and leaders.

“Asian values” — the argument of several Asian governments in the 1990s (Malaysia, Singapore, China): collective rights and stability are more important than individual Western-type rights. Economic development requires order. Critics responded: this is self-legitimization of authoritarianism.

Amartya Sen: Capabilities as Rights

Amartya Sen ("Development as Freedom", 1999) proposed the "capability approach" as a richer version of human rights. A formal right to education means nothing if a woman physically cannot get to school. Rights are not only about “not interfering,” but also about “ensuring capability.”

Martha Nussbaum developed a list of central capabilities: life (long enough), health, bodily integrity, senses and imagination, emotions, practical reason, affiliation, connection with nature, play, political control over one’s environment. These are not Western values — they are what people in different cultures call a “dignified life.”

Question for reflection: What “rights” of employees in your organization exist formally but are not actually realized because of cultural or structural barriers?