International Human Rights and Cultural Relativism

Abstract

This chapter addresses the philosophical status of cultural relativism and outlines the link between human rights law and moral philosophy. Supporters of cultural relativism argue that the theory creates a legal defense to the general duty incumbent upon governments to observe international human rights. The chapter considers two doctrines closely associated with relativism. The first theory asserts that one can appropriately honor human rights in certain societies, usually the most sophisticated ones, but not in others, on account, for example, of the latter’s insufficient economic development. The second theory states that the law of human rights results from a conspiracy of the West to perpetuate imperialism. The position of relativist scholars who are human rights advocates illustrates an eloquent example of concealed elitism. Because the consequence of either version of elitism is that certain national or ethnic groups are somehow less entitled than others to the enjoyment of human rights, the theory is fundamentally immoral and replete with racist overtones.

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