Diversity of Concepts of Human Rights

Kapur Surya Foundation DIVERSITY OF CONCEPTS OF HUMAN RIGHTS Author(s): ABDULRAHIM P VIJAPUR Source: World Affairs: The Journal of International Issues, Vol. 2, No. 4 (OCTOBERDECEMBER 1998), pp. 22-35 Published by: Kapur Surya Foundation Stable URL: https://www.jstor.org/stable/45064589 Accessed: 09-06-2020 14:45 UTC JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at https://about.jstor.org/terms Kapur Surya Foundation is collaborating with JSTOR to digitize, preserve and extend access to World Affairs: The Journal of International Issues This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms Perspectives On Human Rights Abdulrahim P Vijapur, head, Centre for Federal Studies, Hamdard Universrity (New Delhi), Zhu Muzhi, president of the China Society for Human Rights Studies (Beijing), Friemut Duve, head of the Freedom of Media Section of the Organisation of European Security and Cooperation (Vienna), and Bill Jordan, general secretary of the International Confederation of Free Trade Unions (Brusseb), present different and opposing views on human rights. DIVERSITY OF CONCEPTS OF HUMAN RIGHTS ABDULRAHIM P VIJAPUR century western liberal political thought. Its origin can be traced to The such century modern such pronounced pronouncedWestern westernlandmarks concept asliberal the English WesternPetition of human of Rights political landmarks rights thought. is as the the product Its English origin of Petition can post be seventeenth of traced Rights to (1627), the Habeas Corpus Act (1679), the American Declaration of Independence (1776), the American Bill of Rights (1791), and the French Declaration of Rights of Man and Citizen (1789), all of which consti tutionalised and institutionalised a Western standard of human rights and liberties. This modem Western notion has been epitomized in the United Nations system of protection of human rights. Under the aegis of the United Nations a comprehensive list of human rights instruments has been formulated which deals with such issues as refugees, women, children, prevention of torture, religious and racial discrimination, genocide, slavery, minorities, etc. Of these the UDHR (Universal Declaration of Human Rights, 1948) and the two Covenants (1966) - the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights - are the most significant as they together constitute 22 WORLD AFFAIRS OCT-DEC 1998 VOL 2 NO 4 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms ABDULRAHIM P VIJAPUR what is known as the first International Bill of Right human rights enshrined in the International Bill proclaims th applicable to all peoples and nations irrespective of their cultural, political, economic and ideological traditions. preambles to the two 1966 Covenants state that these common standard of achievements for all peoples and all nations'. Cultural specificity has to be Though the conception of human taken into cognizance while formulating and implebased on Western socio-political menting human rights philosophy and liberal traditions and rights provided in it is predominantly standards and norms. There is the product of the experiences of cannot be uniform human the peoples .of England, France and the United States from the 17th to the 20th centuries, the majority of Western scholars and nations consider that it is valid for all nations and rights standards or a single interpretation of a meaning of a right. peoples. One leading protagonist, Paul Sieghart, opines that human rights are universal in the sense that they transcend national boundaries or ideologies. They are deliberately designed to be culturally and ideologically neutral: they are not specifically liberal or socialist, Eastern or Western, Northern or Southern, developed or developing, Christian, Buddhist, Islamic or Hindu. (Paul Sieghart, The Lawful Rights of Mankind - An introduction to the International legal code of Human Rights, Oxford, OUP, 1985, p 40) Notwithstanding the internationalization of human rights by the United Nations, many scholars and nations, specially from the Third World, contest the claim of universality of human rights. Human rights are not a Western discovery as human rights values and traditions have been part of their cultures/civilizations and politico-legal systems for centuries - much before the West evolved them during the last three centuries. This article argues that what should be universal is the idea or the concern for human rights in general and not a particular model of human rights. Human Rights are the product of historical, cultural and socio-political experiences of a given society. Different societies have formulated their conception of human rights to suit their particular socio-cultural and political -settings. Hence, cultural specificity has to be taken into cognizance while formulating and VOL 2 NO 4 OCT-DEC 1998 WORLD AFFAIRS 23 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms COMMENT implementing human rights standards and norms. Th human rights standards or a single interpretation o There can be different meanings attributed to a rig tradition. This is a challenge posed by those who belie as against universalism. Besides being culturally s rights, it is contended, also includes dynamism that interpretations to constant evolution and change. HUMAN RIGHTS IN NON-WESTERN TRADITIONS Let like like us look the the Chinese, Chinese, at the evolutionIndian, Indian, of African African human rightsand and in Islamic. Islamic. the non-Western The The non-Western non-Western traditions perspectives provide a vantage point to critically look at the Western notion of human rights. Certain common departures can be highlighted here. The Western model hinges upon "individual" as the central point of reference in its human rights discourse, whereas "group" as an entity for the realization of both "individual" and "collective rights". Human beings have multiple and group identities as members of a family, tribe, community or society. Secondly, the Western doctrine lays increasing emphasis on "individualism" and the rights of the individual as against duties, which are considered important in non-Western traditions. One might ask a question: how can the State agree to assume obligations towards persons who, for their part, accept no obligation, no duty, in regard to the community and the State? It must be acknowledged that rights cannot be abstracted from duties; the two are correlated. In other words, human rights are not rights only. They are also duties and both are interdependent. In fact, every human right has a corresponding duty with regard to the rights of others. Moreover, emphasis on unbridled individualism has led to most present day problems. Instead of talking of the rights of an individual (which is abstract) we should talk of the rights of persons, as the individual is an isolated knot whereas a person is the entire fabric around the knot. A person lives in the family, society, group and community. His/her rights and duties vary at different stages of their lives. Any serious discourse on human rights/duties should keep in mind these cross-cultural perspectives. It is worth recalling here Mahatma Gandhi's opinion (sought by Julian Huxley, the then Director General of UNESCO) on the UDHR. The Mahatma had said that "all rights to be 24 WORLD AFFAIRS OCT-DEC 1998 VOL 2 NO 4 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms ABDULRAHIM P VIJAPUR deserved and preserved came from duty well done". In h of us did our duty, our rights would automatically be ta while universality of human rights was advocated in UN f countries, some of these countries did not extend hum people in their colonies for generations. An understanding of non- Western perspectives helps us limitations in the prevailing international human rights and the difficulties experienced by the non-Westem stat human rights norms. Despite the evident cultural and reg the world we need to have a "common minimum standard of human rights" agreeable to all. Therefore, knowledge of non-Westem perspecti may help in enriching the content and concern of international hum rights by incorporating these hitherto neglected aspects. THE CHINESE TRADITION The therethere idea is of no no equivalent human equivalent term in Chinese rights for term"rights". developed Theinright Chinese of the very early for "rights". in Chinese The history, right though of the people to revolt against oppressive rulers was established in Chinese political thought in the second millennia BC "Revolution" did not have a pejorative connotation. It was often used to indicate a justifiable claim by the people to overthrow unjust rulers; the will of the people was even considered to be the will of heaven. The Book of History, an old Chinese classic, equates the will of people to the will of heaven. A ruler, according to this classic, has a duty towards heaven to take care of the interests of his people. In loving his people, the mler follows the will of heaven. It further states, 'Heaven loves the People, and the Sovereign must obey Heaven.' When the ruler no longer rules for the welfare of the people; it is the right of the people, to revolt against him. There is evidence to suggest that rulers Chieh (1818-1766 BC) of the Hsia Dynasty, and Tsou (1154-1122 BC) of the Shang Dynasty, turned tyrant and were overthrown by the people. The statement by a great Confucianist, Mencius (372-289 BC) is very instructive. He strongly maintained that a government should work for the will of the people. He said, 'People are of primary importance. The state is of less importance. The Sovereign is of least importance.' VOL 2 NO 4 OCT-DEC 1998 WORLD AFFAIRS This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms COMMENT The basic ethical concept of Chinese social and fulfilment of duty to one's neighbour, rather tha The idea of mutual obligations is regarded as the Confucianism. The five basic social relations descr followers are the relations between (1) ruler and children, (3) husband and wife The family, not the individual elder and younger brother an is the fundamental social unit friend and friend. And in all the in Chinese thought. The family is hierarchically organised. The state too is modelled like a family and it is not allowed to interfere unduly in those social interactions which are pairings, except perhaps the last, the nature of the relationship is hierarchical rather than egalitarian, suggesting unequal duties rather than equal rights. The family, not the individual is the fundamental social unit in Chinese thought. The family is hierarchically organised. The state too is modelled like a family and it reserved for the family. is not allowed to interfere unduly in those social interactions which are reserved for the family. It is the duty of the individual in the community to live according to the rites or his social status. Unlike Western people the Chinese do not adopt legalism as a mode o settling their disputes or seeking enforcement of rights. In ancient China jurists were not trusted. Popular maxims noted that "a case won is money lost", or "of ten reasons by which a magistrate decides a case, nine are not known to the public". These traditions could be the main reasons for China's unwillingness to ratify the vast majority of UN Covenants on human rights. THE INDIAN TRADITION (HINDU AND BUDDHIST) India's dates dates Western Western history, heritage philosophy history,and withlaw.regard Its national philosophy valuestoofhuman tolerance, and law. rights Its concern national and values education of tolerance, prenon-violence, friendship for all, equality, respect for the human person, human dignity and rights, confirms this. These values are a legacy of Buddhism. Buddha's message of non-violence, non-hatred and friendliness 26 WOfeLD AFFAIRS OCT-DEC 1998 VOL 2 NO 4 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms ABDULRAHIM P VIJAPUR to all were transformed into reality by Emperor Ashoka of Buddha, Ashoka became a great champion of freedom pleaded for universal tolerance. One of the most signifi Buddhism was the introduction and spread of secular e for all. Organised universities came to be established under of Buddhism. In Hinduism, the Law Books gave the rig to the three upper castes. In practice it was only th aristocracy who received formal education. Caste disc untouchables ( shudras ), and the lower castes, away. Here t was in striking contrast. Not only were Buddhist monast of any caste, but even the syllabi had a wider range an of more practical interest. Buddhism began as one of a number of heterodox se feature was their breaking away from brahminical orth and the Jains found their earliest supporters in the northern India. Absence of both monarchical authoritarianism and close association with the idea of divinity in the political sphere led to a stress on the rights of the individual in society. In Buddhist theory the emphasis is on the quasi-contractual nature of the beginnings of government and on the sovereignty of the people. The latter idea remained central to Buddhist political thinking but it was never taken further and developed into a theory of the rights of the people as Buddhism began gradually to decline in India. Nonetheless, the republican background nurtured an individualistic tradition in Buddhism with strong support for the kind of social and moral attitudes implicit in human rights. Moreover, the Buddhist tradition showed greater liberality to women in encouraging them to become nuns. (See Romila Thapar, "The Problem of Human Rights in the Hindu and Buddhist Traditions", International Social Science Journal, Paris, No 1, 1966, pp 34 - 44). Contrary to Buddhist traditions, the Hindu religious and law books hardly had any concept of rights, as its varnadharma (i.e., the caste system) had established unequal privileges or rights. The Dharma prescribed duties of the four social orders, namely, duties of citizenship, the duties peculiar to one's caste, the eternal family duties, and the duties of those persons who follow the scriptures other than the Vedas. It also laid down household duties, the duties of wives, the duties of kings, and the duties of men and women. VOL 2 NO 4 OCT-DEC 1998 WORLD AFFAIRS 27 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms COMMENT The idea of rights is not directly visible in Hin holy books and political treatises provided m exhortations concerning rights and duties. One of is dedicated to Karmayoga, i.e., the Yoga of Wor necessity for the performance of work (duty: that without any selfish attachment to By enacting a "bill results, of rights" in with a view to securing the Indian Constitution and the welfare of the world..'.' If inter- many other secular laws to abolish discriminatory individual and social relations are treatment of untouchables and expressed in terms of a comprehensive web of duties, rights cease to be privileges to be Hindu women (whose rights specifically claimed, but a were extremely limited condition that would promote compared to their male human, and hence social, welfare. counterparts), the Indian Therefore, Kautilya prescribed not but "duties of a king". political system is striving powers, to One of the duties prescribed for replace the traditional, unjust the king was: 'When in court he and stratified social order (which shall never cause his petitioners to granted privileges and rights wait to at the door.' Other ground only higher castes) with an egalitarian and socialist rules stipulated: 'In the happiness system. of his subjects lies his happiness: in their welfare, his welfare; whatever pleases himself he shall not consider as good, but whatever pleases his subjects he shall consider as good.' And, 'Harmlessness, truthfulness, purity, freedom from spite, abstinence from cruelty, and forgiveness are duties common to all.' The onset of Muslim rule in India during the medieval period led to a greater degree of socio-cultural interaction between the Hindu majority and the ruling Muslim minority. The freedom of religion or belief of Hindus was ensured. The general policy and attitude of Muslim polity was one of accommodation and religious tolerance. Regarding the religious policy of the Mughals, Professor S R Sharma, a noted historian, commented that 'the position of Hindus in India was generally much better than that of many communities in Europe whose faith differed from that of their rulen during 28 WORLD AFFAIRS OCT-DEC 1998 VOL 2 NO 4 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms ABDULRAHIM P VIJAPUR medieval times. Also, there was no discrimination ag appointment to important imperial posts. The great Sufi p translated the Upanishads and declared them to be "th referred to in the Quran. In fact, only the Torah and mentioned in the Quran though it indicates that prophet are revered in every community and nation in the world By enacting a "bill of rights" in the Indian Constitution secular laws to abolish discriminatory treatment of unto women (whose rights were extremely limited compa counterparts), the Indian political system is striving to rep unjust and stratified social order (which granted privileges higher castes) with an egalitarian and socialist system. Ind been vigorously following a system of preferential treat known as protective or positive discrimination, towards th to historically disadvantaged groups such as untouchables backward classes. This policy is unprecedented in scope an no parallels in any part of the world. Under this policy 49 and seats in educational institutions are reserved for the reserving 22.5 per cent of membership in Parliament for the Indian Government is working towards evolving a po the proposed legislation to introduce 30 per cent reser women in Parliament. Thus, the concepts of social justice of women are at the centre-stage of contemporary socioAFRICAN CONCEPTION OF RIGHTS There their theirtraditional traditionalare customary thousands lawscustomary for centuries. of ethnic However, lawsthere tribalarefor certain centuries. groups However, in Africa, there each are following certain general features of the African social order. Groups, tribes or "peoples" are the primary unit of society in this part of the world. In African tradition "rights" do not inhere in one's humanity, rather they are contingent upon one's fulfilment of one's obligations to the group and the subsequent granting of rights by the community. Rights are dependent on one's status. Traditionally, marriages are regarded as a means of uniting two families rather than two individuals. Obligations themselves are not so sharply distinguished between legal and moral as in the West. Justice consists not in VOL 2 NO 4 OCT-DEC 1998 WORLD AFFAIRS 29 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms COMMENT enforcing rights but in bringing about harmonio disputants so that group cohesion is assured. P reconciliation. The advent of colonialism, and the beginning of the process of modernisation in many African societies along Western models upon their emergence as independent states has not enabled the majority to give up their traditional way of living. Even now, around 80 per cent of the African population is unaware of the reform laws and institutions of the cities. Ancient custom is still followed. Most African cultures firmly believe in the mechanism of "distributive justice". This ideal is reflected in the policies of some African states like Tanzania during Julius Nyerere's period. Two examples drawn from traditional African societies are worth recalling here. Among the Anuak who live on the border of Sudan and Ethiopia, the chief is elected by his community on the basis of his wealth and leadership qualities. Once elected, the chief is expected to feed his subjects so often that his resources are soon depleted and he is impoverished. He then retums to his original status of a common citizen and another wealthy person is put in his place. In many cultures, among them the Gojami-Amhara of Ethiopia, land is owned communally and there is no "right" to individual ownership of holdings. This conception of social ownership predates by centuries any Marxist or communist doctrines. These African traditions and values have influenced to a large extent the nature, content and catalogue of rights in the African Charter of Human and People's Rights (1981), which has been in force since 1986. The African Charter differs from European and American regional Conventions on Human Rights in a number of respects. First, it proclaims not only rights but also duties. It lists eight specific duties, which include the duty towards the family and society, the state, other legally recognized communities, and the international community. Duty to preserve and strengthen social and also national solidarity, positive African cultural values and African unity is also included. Second, it codifies individual as well as people's rights such as the right to self-determination; right to dispose of wealth and natural resources, the right to economic, social and cultural development; and the right to national and international peace and environment. Third, in addition to guaranteeing civil and political rights, it protects economic, social and cultural rights. Thus, the African Charter includes all the three generations of rights 30 WORLD AFFAIRS OCT-DEC 1998 VOL 2 NO 4 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms ABDULRAHIM P VIJAPUR - the "first generation" rights (i.e., civil and political), "s rights (ie, economic, social and cultural) and "third gener people's or collective rights). Moreover, there is no provi for the creation of African Court of Human Rights as Af conciliatory means rather than arbitration mechanisms t ISLAMIC TRADITION The orphans, orphans, Islamic widows, widows, wayfarers framework and the wayfarers poor hascontains been greatly and numerous stressed the by poor moral has been exhortations. greatly stressed Helping by the Quran and Sunna (Prophetic traditions) which not only helps people overcome their economic problems but also inculcates a kind of fellow In England, theft of property worth more than a shilling was classified as felony and, like every other felony, was punished with death, up to as late as 1861. In comparison to English law, the Muslim law prescribing cutting the hands of thieves appears less barbaric. feeling among them. Its many injunctions have gone a long way in ameliorating human suffering. It must be noted that Islam provides the most rational basis to ensure the primacy of the fundamental right to life, and to guarantee its protection. It prohibits female infanticide, a practice prevalent in Arabia and other parts of the world. By not strictly prescribing the death penalty for the crime of murder, an assassin can be pardoned by the victim's family on receiving blood money (a kind of compensation), Islam introduced the principle of humane treatment of the individual 1400 years ago. This is a marked departure from the then prevailing Roman law which prescribed "an eye for an eye". It may be recalled that only in this century have European nations enacted laws abolishing the death penalty without any compensation to the family of the victim by the guilty. It may also be instructive to note that for many centuries in British law, capital punishment was applicable to a variety of crimes, including, horse, sheep and cattle stealing, rape, house breaking, stealing of letters by the staff of the Post Office, etc. In England, theft of property worth more than a shilling was classified as felony and, like every other felony, was punished with death, VOL 2 NO 4 OCT-DEC 1 9 9 8 WORLD AFFAIRS 31 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms COMMENT up to as late as 1861. In comparison to En prescribing cutting the hands of thieves app with the coming up of jails in modem time penal law most Muslim states have discontinue the hands. Another Islamic ethical norm prohibits the wasteful use of resources. Prophet Mohammad said that one must not waste water even if one is sitting by a stream, and that one must take from the stream only as much water as needed. The Islamic laws of war prohibit Muslim armies from cutting down fruit bearing trees in their path - which in fact amounts to a general rule that the beneficial resources of nature must be preserved. In a time of war, the Muslim army is required to preserve natural vegetation, crops and livestock. This prohibition may be seen as an Islamic approach to environmental issues. Furthermore, these laws introduced many exemplary principles for ensuring that non-combatants like women, slaves, the old and sick, are spared as a target in armed conflicts. Moreover, it also introduced the principles of dignity and integrity of persons towards the enemy. There are many sayings by the Prophet forbidding the burning alive of enemy warriors. The Prophet once said: 'No one is entitled to punish with fire except the one who created it, i.e., Allah.' He also prohibited the practice of giving back enemy corpses in exchange for money. Burial of the bodies of enemies was also ordered. Prisoners of war (POW) were released either in exchange for Muslim POWs or in exchange for ransom to be paid by the POW, or simply on his agreement that, if he is literate, he will teach some prescribed Muslims. These are some Muslim humanitarian laws. With regard to gender equality Islamic precepts are worth commending. Marriage is made as a contract, which can be dissolved for reasons of incompatibility or other valid reasons and not on flimsy grounds. Unlike some other religions, it is not indissoluble. Women are given inheritance rights, and their consent in marriage is essential. A brief comparison of fundamental human rights enshrined in the Quran and Sutina with the rights proclaimed in the Universal Declaration will dispel the popularly held view that human rights are of Western construct. The European Islamic Council (an NGO composed of eminent Muslim scholars, jurists and representatives of Islamic movements and thought) adopted the Universal Islamic Declaration of Human Rights on September 19, 1991. 32 WORLD AFFAIRS OCT-DEC 1998 VOL 2 NO 4 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms ABDULRAHIM P VIJAPUR Based on this Islamic Declaration, a group of distingui jurists from Arab countries adopted (on December 12, 19 "Draft Charter on Human and People's Rights in the Ara these two Islamic texts are yet to be formally approved of States, they have no inconsistency in general with the U of Human Rights, except on one or two issues related to freedom of These rights (as proclaimed religion (as Muslims are not allowed by the to renounce Islam and accept another religion), and freedom of marriage (as Muslim males are International Bill) have been accepted by the majority of states despite their allowed to marry the followers ofhistorical, economic, social Biblical religions, i.e., Judaism andand cultural differences and Christianity, but the same freedom ideological is not extended to Muslim women diversity, as the concern for human rights has when selecting their husbands. These never been alien to their documents which are based on the cultures. Quran and Prophetic traditions provide an elaborate list of rights such as security of human life; freedom from slavery or servitude (humane treatment of slaves or granting them freedom); right to justice; right to fair trial; right to protection against abuse of power; protection of honour and reputation; respect for the chastity of women; rights concerning immigrants and refugees; freedom of conscience and conviction (for religious minorities); equality before law; the right and obligation to participate in the conduct and management of public affairs; economic rights; status and dignity of workers; liberty of work; protection of property; right to privacy; right to found a family and related matters; rights of married women and the principle of racial equality. (For a critical evaluation of Islamic traditions, see Abdulrahim P Vijapur, "The Islamic Concept of Human Rights and the International Bill of Rights: The Dilemma of Muslim States", Turkish Yearbook of Human Rights, Ankara, Vol 15, 1993, pp 103.33) Thus, the Islamic concept of rights was very advanced as it applied to all humans, irrespective of whether they were Muslims or not. Non-Muslim minorities had rights under Islamic law and directives which no ruling majority could interfere with. The principles of universal brotherhood, equality VOL 2 NO 4 OCT-DEC 1998 WORLD AFFAIRS 33 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms COMMENT and non-discrimination are significant bases of Isla farewell address of the Prophet summarizes the I men, truly your God is one God, and your father born of Adam, and Adam is but dust. The noblest most dutiful. No man, whether he is an Arab or not, colour, is superior to any other man except in uprigh To sum up, human rights in Islam exist only obligations. Individuals possess certain obligations t and nature - a much broader concept indeed. TOWARDS INTERNATIONAL RECOGNITION OF HUMAN RIGHTS The reveals reveals foregoing that it that is premature it discussion to lookis premature for well-articulated of non-Western legal codestoinlook for well-articulated perspectives on legal human codes rights in ancient cultures which might reflect human rights as we understand them today. It is true that in these cultures societies incorporated the metaphysical ideals of human rights into their social and legal functioning, but these ideals did not establish universality of their application as the rights were extended only to small elite groups. The concept of human rights is essentially modem. For the first time in the history of many cultures it has ceased to be a metaphysical concept. It has now become universal in the sense that every individual, irrespective of their sex, religion, race, colour, language, nationality or social status is entitled to human rights. What is more significant is that these rights (as proclaimed by the International Bill) have been accepted by the majority of states despite their historical, economic, social and cultural differences and ideological diversity, as the concern for human rights has never been alien to their cultures. To that extent the modem concept is rightly universal. No doubt the International Bill of Rights seeks to address all mankind with a single voice by providing the same broad parameters of behaviour for all states. Pragmatically, it does not prescribe the same scheme of relationships between governments and individuals for all countries in the world. Under it each country is left free to adopt the institutional arrangements and political system most congenial to it, which best suits its people and reflects its national peculiarities and traditions. All that the Bill demands is respect for certain "minimum standards" and respect for certain "basic (non-derogable) 34 WORLD AFFAIRS OCT-DEC 1998 VOL 2 NO 4 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms ABDULRAHIM P VIJAPUR rights". Moreover, each state may place restrictions on reasons dictated by requirements of public order or nationa or health. The supervisory mechanism of the UN Coven a dialogue between states of diverse socio-cultural backg experiences and the constraints that they encountered human rights. The States bound by the UN Covenan measure of discretion in domestic enforcement of these international obligations. Thus, the UN documents give space for the co-existence o various cultures and civilizations within a broad paradigm of "internationa human rights". No catalogue of human rights can ever be exhaustive or final and no single meaning or understanding of the content of human rights can be said to be universally acceptable to all nations and peoples. The content of human rights goes hand in hand with the state of moral consciousness or civilizational development at any given time in history. The cross-cultural critique does not invalidate the International Bill but offers new perspective for an internal criticism, and sets the limits of validity of human rights, offering at the same time both possibilities for enlarging its realm and of a mutual dialogue on the concept of rights. In conclusion, it may be observed that the Western (UN) model of human rights is universal, yet limited Non-Westem mainstream traditions will enrich the understanding of the whole idea of human rights. VOL 2 NO 4 OCT-DEC 1998 WORLD AFFAIRS 35 This content downloaded from 52.172.200.163 on Tue, 09 Jun 2020 14:45:21 UTC All use subject to https://about.jstor.org/terms