Chapter 2

International Human Rights: Universal, Relative

or Relatively Universal?
Jack Donnelly

1. Introduction

Universality is at the core of the global human rights regime. The foundational document is the
UDHR,1 the six decades of which this volume commemorates. The first operative paragraph of the
Vienna Declaration and Programme of Action of the 1993 World Human Rights Conference goes
so far as to assert that ‘the universal nature of these rights and freedoms is beyond question.’2 And
indeed this is close to true at the level of interstate relations. Virtually every state acknowledges an
authoritative body of international human rights law that flows from the UDHR.
Nonetheless, claims of cultural, historical, and socio-political relativity have been and remain
central features of international human rights discussions. During the Cold War era, arguments
of distinct socialist and Third World conceptions of human rights produced ‘three worlds’
arguments3 that persist today in the ‘three generations’ narrative of the historical development of
modern human rights ideas.4 In the post-Cold War era, ‘Asian values’ advocates5 and Islamists
have prominently and powerfully challenged the universality of internationally recognized human

1 G.A. res. 217A (III), UN Doc. A/810 at 71 (1948).

2 A/CONF.157/23 of 12 July 1993, para. 1.
3 See e.g. H. Gros Espiell, ‘The Evolving Concept of Human Rights: Western, Socialist and Third
World Approaches’, in B.G. Ramcharan (ed.), Human Rights: Thirty Years After the Universal Declaration
(The Hague: Martinus Nijhoff, 1979), p. 49; A. Pollis, ‘Liberal, Socialist, and Third World Perspectives on
Human Rights’, in P. Schwab and A. Pollis (eds), Toward a Human Rights Framework (New York: Praeger,
1982), p. 1.
4 See S.P. Marks, ‘Emerging Human Rights: A New Generation for the 1980s?’, Rutgers Law Review,
33 (1981), p. 435; K. Vasak, ‘Pour une troisième génération des droits de l’homme’, in C. Swinarski (ed.),
Studies and Essays on International Humanitarian Law and Red Cross Principles in Honour of Jean Pictet
(The Hague: Martinus Nijhoff, 1984); K. Vasak, ‘Les Différentes catégories des droits de l’homme’, in A.
Lapeyre, F. de Tinguy and K. Vasak (eds), Les Dimensions universelles des droits de l’homme (Bruxelles:
Émile Bruylant, 1991). M. Ishay, The History of Human Rights: From Ancient Times to the Globalization
Era (Berkeley, CA: University of California Press, 2004), presents a relatively sophisticated post-Cold War
version of this argument. For a counter-argument, see J. Donnelly, ‘Third Generation Rights’ in C. Brolmann,
R. Lefeber and M. Zieck (eds), Peoples and Minorities in International Law (The Hague: Kluwer, 1993).
5 A.J. Langlois, The Politics of Justice and Human Rights (Cambridge: Cambridge University Press,
2001), offers perhaps the best overview. For useful collections of essays, see J.R. Bauer and D.A. Bell (eds),
The East Asian Challenge for Human Rights (Cambridge: Cambridge University Press, 1999), and M.
Jacobsen and O. Bruun (eds), Human Rights and Asian Values: Contesting National Identities and Cultural
Representations in Asia (Richmond: Curzon, 2000).
32 International Human Rights Law

rights. In addition, increasingly popular post-structuralist and post-colonial perspectives stress the
contingent particularities of the dominant human rights discourse.6
This chapter argues that ‘each side’ in the universality–relativity debate rests on important
insights about the nature of human rights. I argue, however, that the standard terms of the debate
– ‘Are human rights universal or relative?’ – are misformulated. ‘Universality’ and ‘relativity’ are
multifaceted concepts that are not necessarily incompatible. Human rights are indeed ‘universal’
in some standard and important senses of that term – but not ‘universal’ in some equally standard
senses. Likewise, human rights both are and are not ‘relative’ in standard senses of that term. The
real issue is not whether human rights are universal or relative but how they are (and are not)
universal, how they are (and are not) relative, and how these relativities and universalities interact,
in theory and in practice.

2. ‘Universal’ and ‘Relative’

The first definition of ‘universal’ in the Oxford English Dictionary (OED) is ‘Extending over,
comprehending, or including the whole of something’. Universal, in this sense, is ‘relative’ to a
particular class or group. For example, universal health care, universal primary education, and
universal suffrage, as those concepts are ordinarily used, involve providing health care, primary
education, and voting rights (only) to all citizens, nationals, or residents of a particular state.
Universality, in that sense, is relative to residence or citizenship. Similarly, a universal remote
control operates (almost) all types of currently standard home entertainment devices, but not all
present, let alone all past or possible, such devices.
‘Universal’ also is defined as ‘of or pertaining to the universe in general or all things in it;
existing or occurring everywhere or in all things’ (OED).7 Little is universal in this sense, other
than formal logical systems of propositions, such as mathematics, and perhaps some of the laws
of physics (or God). Thus, the OED describes this sense as ‘chiefly poetic or rhetorical’ (to which,
I think, we could add ‘philosophical’ or ‘theological’). This ‘occurring everywhere’ sense of
universal is secondary and specialized. The primary sense of universality is relative to a particular
‘universe’ of application (rather than everywhere in the universe).
The parallel OED definitions of ‘relative’ are ‘arising from, depending on, or determined by,
relation to something else or to each other’ and ‘constituted, or existing, only by relation to something
else; not absolute or independent’. Talk of relativity immediately calls forth the question, ‘Relative
to what?’ Something cannot be relative in general but must always be relative to (or dependent on)
something else in particular.
Even this simple definitional exercise allows us to identify a number of standard problems in
discussions of the universality and relativity of human rights. For example, from a denial of the
ontological, ‘applies anywhere’ universality of human rights, it does not follow that other important
forms of universality cannot be defended. And that human rights are not ontologically universal
does not entail that they are culturally relative. (Below, I will argue that they are instead relative to
social structure.) On the ‘universalist’ side, the nature of the asserted universality of human rights
often is either left unspecified or defended in ontological terms (for example, in contemporary

6 See Section 8 below.

7 The American Heritage Dictionary has almost identical definitions, although this definition, which is
third in the Oxford, is first in the American Heritage, and the first Oxford definition is second in the American
Heritage.
 International Human Rights: Universal, Relative or Relatively Universal? 33

Roman Catholic natural law social teaching) that are acceptable to only a tiny proportion of those
who endorse internationally recognized human rights. And both sides often are unwilling to
acknowledge, let alone explore, the insights of the other.
The following sections identify three senses in which human rights are, in the contemporary
world, reasonably understood as universal. I call these (1) international legal universality (2)
functional universality, and (3) overlapping consensus universality. I then consider two senses,
which I call ontological and historical (or anthropological) universality, in which I argue that human
rights are not universal. I then consider, more briefly, some standard ‘relativist’ arguments before,
in the final section, defending the summary assessment that human rights are ‘relatively universal’.
Here I will simply note that the term is not paradoxical. Rather, it recognizes that the universality
of human rights is relative to particular contexts (specified in the following sections).

3. International Legal Universality

Virtually all states accept the authority of the UDHR, which has been further elaborated in a series
of widely ratified treaties. As of 31 December 2009, the six core international human rights treaties
(on economic, social, and cultural rights; civil and political rights; racial discrimination; women’s
rights; torture; and rights of the child) had on average 170 parties.8 This truly impressive 87%
ratification rate establishes what we can call international legal universality. Human rights are
universal within the domain of contemporary international law.
The universality of these rights is ‘beyond question’ not in the sense that no one violates,
challenges, or denounces them but rather in the sense that such challenges and violations are
treated as beyond the pale. International human rights law can only be rejected by challenging
the whole body of contemporary international law. Such challenges are indeed advanced by
philosophers, political radicals, revolutionary groups, and even the occasional revolutionary
regime. But challenges to the international legal universality of internationally recognized human
rights are typically ruled ‘out of the question’. They simply are not seriously engaged – in much
the same way that in most national legal systems, challenges to a national constitution that has been
accepted as authoritative for decades or centuries are dismissed out of hand, rather than seriously
considered, by national courts and political authorities.
Such international legal universality is often described as reflecting ‘hegemony’, a combination
of authority and force in which conventional legitimacy plays the central role (although ultimately
backed by the coercive resources of dominant power).9 Whatever the exact mixture of force and
authority in maintaining a hegemonic doctrine or order – it varies dramatically with time, place, and
issue – the essential point is that in contemporary international society a ‘hegemonic’/authoritative
system of international legal principles gives an important element of universality to internationally
recognized human rights.

8 This figure was calculated from the ratification data available at http://www2.ohchr.org/english/
bodies/ratification/index.htm. The Convention Against Torture had a low of 146 parties and the Convention
on the Rights of the Child had a high of 193 (of a possible 195) parties.
9 This sense of hegemony derives from the work of Antonio Gramsci. See, especially, A. Gramsci,
Selections from the Prison Notebooks (New York: International Publishers, 1971). Among secondary sources,
J.V. Femia, Gramsci’s Political Thought: Hegemony, Consciousness, and the Revolutionary Process (Oxford:
Clarendon Press, 1981), and S. Gill (ed.), Gramsci, Historical Materialism and International Relations
(Cambridge: Cambridge University Press, 1993), provide very different kinds of useful introductions.
34 International Human Rights Law

Over the past six decades, the UDHR has indeed become, as it describes itself, ‘a common
standard of achievement for all peoples and all nations’,10 a standard of international legitimacy.
Sovereignty, however, is another standard of international (legal) legitimacy, and one that typically
takes priority over human rights. States that systematically violate internationally recognized
human rights usually retain their sovereign legitimacy. Nonetheless, their ‘legitimacy’ is tarnished
or diminished. Consider Robert Mugabe’s Zimbabwe. Today, those desiring full political legitimacy
must be seen as, if not committed to internationally recognized human rights, then not violating
them too seriously. For example, China has (very reluctantly) adopted the language (although not
too much of the practice) of human rights, seemingly as an inescapable precondition to its full
recognition as a great power. And in the case of genocide, human rights violations may even trump
sovereignty (e.g. East Timor and Kosovo), something that was unthinkable when the UDHR was
drafted.
In the first few decades following the drafting of the UDHR, this international legal universality
was rather superficial, both in breadth and depth. It did not penetrate very deeply even in interstate
relations. Major progress began in the mid-1970s, however, symbolized by the Helsinki Final
Act of 1975,11 the election of Jimmy Carter as President of the United States in 1976, and the
award of the Nobel Peace Prize to Amnesty International in 1977. Another spurt of spread and
deepening took place in the 1990s, with the result that today international human rights norms
have come to penetrate, surprisingly, deeply in most regions (the Middle East being the principal
exception). Particularly notable is the fact that movements for social justice and of political
opposition have increasingly adopted the language of human rights. In addition, growing numbers
of new international issues, ranging from migration, to global trade and finance, to access to
pharmaceuticals are being framed as issues of human rights.12
The relativity of this international legal universality deserves note. It holds (only) within a
particular universe, namely, among states, who are the principal source and subjects of international
law, and political actors who principally target state policy. It is further relative to a particular time.
And it is deeply contingent in the sense that this universality was produced by mechanisms that in
the past did not and in the future might not produce such widespread endorsement. We might want
to relativize this universality even further by stressing its incompleteness, in the sense that a number
of states continue to resist, more or less strenuously, these hegemonic international norms.
Nonetheless, international legal universality is of immense theoretical and practical significance.
Sovereign territorial states, the designated class, remain by far the most important actors in
determining whether people enjoy the human rights that they have. The formal endorsement of
international human rights obligations thus is of immense importance. Furthermore, local activists,
transnational advocates, and foreign states can appeal to widely endorsed international norms that,
in almost all cases, the target state has itself repeatedly accepted as binding. This greatly facilitates
the work of human rights advocacy and defence.
Of course, tomorrow, states and movements of political opposition may no longer accept or
give as much weight to human rights. Today, however, they clearly have chosen human rights over
competing conceptions of national and international political legitimacy. This, I would suggest, is
the most important practical legacy of the UDHR.

10 UDHR, Preamble, para. 8.

11 Adopted 1 August 1975, 14 ILM, 1292.
12 A. Brysk, Human Rights, Private Wrongs (New York: Routledge, 2005).
 International Human Rights: Universal, Relative or Relatively Universal? 35

4. Overlapping Consensus Universality

Law lies at the intersection of power and justice. We thus should expect to find international legal
universality both backed by preponderant political power and reflecting deeper ethical, moral, or
religious values. It certainly is not coincidental that the world’s leading military and economic
powers – the United States, Western Europe, and Japan – all strongly support internationally
recognized human rights. I want to focus instead, however, on the cross-cultural ethical foundations
of internationally recognized human rights.
The philosopher John Rawls distinguishes ‘comprehensive religious, philosophical, or moral
doctrines’, such as Islam, Kantianism, Confucianism, and Marxism, from ‘political conceptions
of justice’, which address only the political structure of society, defined (as far as possible) as
independent of any particular comprehensive doctrine.13 Adherents of different comprehensive
doctrines may be able to reach an ‘overlapping consensus’ on a political conception of justice.14
Such a consensus is overlapping; partial rather than complete. It is political rather than moral or
religious. But it is real and important. Although Rawls developed the notion to understand liberal
national societies, it has obvious application to a culturally and politically diverse international
society.15 International human rights, I want to argue, have what I will call overlapping consensus
universality.
Human rights can be grounded in a variety of comprehensive doctrines. For example, they can
be seen as encoded in natural law, called for by divine commandment, political means to further
human good or utility, or institutions to produce virtuous citizens. Over the past few decades, more
and more adherents of a growing range of comprehensive doctrines in all regions of the world have
come to endorse human rights – (but only) as a political conception of justice.16
It is important to note that within the West as well, human rights rest on an overlapping consensus.
Thomists and utilitarians, for example, agree about little at the level of comprehensive doctrines;
Thomists do not even consider utilitarianism a moral theory. Nonetheless, most contemporary
adherents of both comprehensive doctrines endorse human rights as a political conception of
justice.
This, however, is a rather recent phenomenon. Aquinas had no conception of natural rights.
Bentham, often considered the founder of modern utilitarianism, famously described natural rights
as ‘simple nonsense’ and imprescriptible natural rights as ‘nonsense upon stilts’. Until the mid-

13 J. Rawls, The Law of Peoples (Cambridge, MA: Harvard University Press, 1999), pp. xliii–xlv, 11–
15, 174–6; J. Rawls, Political Liberalism (New York: Columbia University Press, 1996), pp. 31–3, 172–3.
14 Rawls, Political Liberalism, note 13 above, pp. 133–72, 385–96.
15 Rawls, Law of Peoples, note 13 above. Rawls’s own extension involves both a wider political
conception of justice and a narrower list of internationally recognized human rights. The account offered here
is Rawlsian in inspiration but not that of John Rawls.
16 H. Bielefeldt, ‘“Western”’ versus “Islamic” Human Rights Conceptions?: A Critique of Cultural
Essentialism in the Discussion of Human Rights’, Political Theory, 28 (2000), p. 90, makes a similar
argument, illustrated by a discussion of recent trends in Islamic thinking on human rights. See also A.K.
Peetush, ‘Cultural Diversity, Non-Western Communities, and Human Rights’, The Philosophical Forum, 34
(2003), p. 1, which deals with South Asian views. For a looser account of cross-cultural consensus, see A.
An-Na’im, ‘Toward a Cross-Cultural Approach to Defining International Standards of Human Rights: The
Meaning of Cruel, Inhuman, or Degrading Treatment or Punishment’, in A. An-Na’im (ed.), Human Rights in
Cross-Cultural Perspectives: A Quest for Consensus (Philadelphia: University of Pennsylvania Press, 1992).
36 International Human Rights Law

twentieth century, virtually all utilitarians were hostile to natural or human rights17 and human
rights were almost completely foreign to Thomist moral and political thought18 (which relied almost
exclusively on the language of duty). Over the past several decades, however, prominent Thomists
have enthusiastically endorsed human rights and human rights have become central to contemporary
Catholic social teaching.19 Utilitarian defences of human rights – especially as second-order rules
justified by the principle of utility; that is, as something like a political conception of justice – are
also common.20 And in the domain of ordinary, day-to-day politics, most utilitarians and Thomists
have no difficulty in accepting human rights, and often do so with considerable enthusiasm.
In fact, virtually all Western religious and philosophical doctrines through most of their history
have either rejected or ignored human rights, understood as equal and inalienable entitlements
held by all human beings that can be exercised against the state and society. Today, however, most
adherents of most Western comprehensive doctrines endorse human rights. There is no logical
reason why a similar transformation could not happen elsewhere. If the medieval Christian world
of crusades, serfdom, and hereditary aristocracy could become today’s world of liberal and social
democratic welfare states, it is hard to imagine a place where a similar transformation would be
impossible. And just such a transformation has indeed been taking place over the last several
decades.
Perhaps the most unpromising cultural environment is the traditional Hindu caste system, which
not only stressed categorical, qualitative moral differences between different descent-based groups
(castes) but even denied moral significance to a category of human beings. Gandhi, however,
showed that it is possible to reshape Hindu traditions to support a fundamentally egalitarian
conception of human rights. And, in practice, India has been, both at home and abroad, one of the
leading Third World supporters of internationally recognized human rights.
Or consider claims that ‘[East] Asian values’ are incompatible with internationally recognized
human rights.21 Asian values – like Western values, African values, and most other sets of values
– can be, and have been, understood as incompatible with human rights. But they also can be and
have been interpreted to support human rights, as they regularly are today in Japan, Taiwan, and
South Korea. And political developments in a growing number of Asian countries suggest that
ordinary people and even governments are increasingly viewing human rights as a contemporary
political expression of their deepest ethical, cultural, and political values and aspirations.22

17 See e.g. D.G. Ritchie, Natural Rights: A Criticism of Some Political and Ethical Conceptions
(London: S. Sonnenschein & Co., 1895).
18 On Aquinas in particular, see J. Donnelly, ‘Natural Law and Right in Aquinas’ Political Thought’,
Western Political Quarterly, 33 (1980), p. 520.
19 See e.g. J. Maritain, The Rights of Man and Natural Law (New York: C. Scribner’s Sons, 1943);
J. Finnis, Natural Law and Natural Rights (Oxford: Clarendon Press, 1980); and papal encyclicals such as
Pacem in Terris (John XXIII, 1963) and Redemptor Hominis (John Paul II, 1979).
20 See e.g. D. Lyons, ‘Human Rights and the General Welfare’, Philosophy and Public Affairs, 6 (1977),
p. 113; D. Lyons, ‘Utility and Rights’ in J. Chapman (ed.), Nomos XXIV: Ethics, Economic and the Law (New
York: New York University Press, 1982); R.G. Frey (ed.), Utility and Rights (Minneapolis, MN: University of
Minnesota Press, 1984); R. Hardin, ‘The Utilitarian Logic of Liberalism’, Ethics, 97 (1986), p. 47; and R.B.
Brandt, Morality, Utilitarianism, and Rights (Cambridge: Cambridge University Press, 1992).
21 See note 5.
22 ‘Confucians can make sense of rights out of the resources of their own tradition’, M. Sim, ‘A Confucian
Approach to Human Rights’, History of Philosophy Quarterly, 21 (2004), pp. 337, 338. Cf. J. Chan, ‘Moral
Autonomy, Civil Liberties, and Confucianism’, 52 Philosophy East and West, 52 (2002), p. 281, and J. Chan,
‘Confucian Perspective on Human Rights for Contemporary China’, in J. Bauer and D.A. Bell (eds), The East
Asian Challenge for Human Rights (Cambridge: Cambridge University Press, 1999). On Confucianism and
 International Human Rights: Universal, Relative or Relatively Universal? 37

No culture or comprehensive doctrine is ‘by nature’, or in any given or fixed way, either
compatible or incompatible with human rights. Whatever their past practice, nothing in indigenous
African, Asian, or American cultures prevents them from endorsing human rights now. Cultures are
immensely malleable, as are the political expressions of comprehensive doctrines. It is an empirical
question whether (any, some, or most) members of a culture or exponents of a comprehensive
doctrine support human rights as a political conception of justice.
All major civilizations have for long periods treated a significant portion of the human race
as ‘outsiders’ not entitled to guarantees that could be taken for granted by ‘insiders’. Few areas
of the globe, for example, have never practised and widely justified human bondage. All literate
civilizations have for most of their histories assigned social roles, rights, and duties primarily on
the basis of ascriptive characteristics such as birth, age, and gender.
Today, however, the moral equality of all human beings is strongly endorsed by most leading
comprehensive doctrines in all regions of the world. This convergence, both within and between
civilizations, provides the foundation for a convergence on the rights of the UDHR. In principle,
a great variety of social practices other than human rights might provide the basis for realizing
foundational egalitarian values. In practice, human rights are rapidly becoming the preferred
option.
Is this transnational overlapping consensus more voluntary or coerced? Although the power and
influence of the United States and Western Europe should not be underestimated, I want to suggest
that example has been more powerful than advocacy and that coercion has typically played much
less of a role than positive inducements. Human rights dominate political discussions less because
of pressure from materially or culturally dominant powers than because they respond to some of
the most important social and political aspirations of individuals, families, and groups in most
countries of the world. The consensus on the UDHR, it seems to me, principally reflects its cross-
cultural substantive attractions. People, when given a chance, usually (in the contemporary world)
choose human rights, irrespective of region, religion, or culture. The transnational consensus on the
UDHR arises above all from the largely voluntary decisions of people, states, and other political
actors that human rights are essential to protecting their visions of a life of dignity.

5. Functional Universality

How can we explain this consensus? Those who focus on culture will find it inexplicable – and
thus are likely to appeal to power, imposition, and ‘cultural imperialism’. I want to suggest instead
that it rests on social-structural features that are relatively universal in the contemporary world.
Internationally recognized human rights respond to certain standard threats to human dignity
associated with modern markets and modern states in every part of the globe today. This creates
what I will call the functional universality of internationally recognized human rights.
Natural or human rights ideas first developed in the West. John Locke’s Second Treatise of
Government, published in 1689 in support of the so-called Glorious Revolution in Britain, offers
one of the first full-fledged natural rights political theories. The American and French Revolutions
first used such ideas to construct new political orders. I want to draw attention, however, to the

modern social and political practices, see D.A. Bell and Hahm Chaibong (eds), Confucianism for the Modern
World (Cambridge: Cambridge University Press, 2003).
38 International Human Rights Law

social-structural ‘modernity’ of these ideas and practices, rather than their cultural ‘Westernness’.23
Human rights ideas and practices arose not from any deep Western cultural roots but from the
social, economic, and political transformations of modernity. They thus have relevance wherever
those transformations have occurred, irrespective of the pre-existing culture of the place.
Nothing in classical or medieval culture specially predisposed Europeans to develop human
rights ideas. Even early modern Europe, when viewed without the benefit of hindsight, appears
as a particularly unconducive cultural milieu for human rights. No widely endorsed reading of
Christian scriptures supported the idea of a broad set of equal and inalienable individual rights held
by all Christians, let alone all human beings. Violent, often brutal, internecine and international
religious warfare was the norm. The divine right of kings was the reigning orthodoxy. Nonetheless,
in early modern Europe, ever more powerful and penetrating (capitalist) markets and (sovereign,
bureaucratic) states disrupted, destroyed, or radically transformed ‘traditional’ communities
and their systems of social support and obligation. Rapidly expanding numbers of (relatively)
separate families and individuals were thus left to face a growing range of increasingly unbuffered
economic and political threats to their interests and dignity. New ‘standard threats’24 to human
dignity provoked new remedial responses.
One solution was the absolutist state, which offered a society organized around a monarchist
hierarchy justified by a state religion. The newly emergent bourgeoisie, by contrast, envisioned a
society in which the claims of property balanced those of birth. And as ‘modernization’ progressed,
an ever widening range of marginalized and dispossessed groups advanced claims for relief from
injustices and disabilities. Such demands took many forms, including appeals to scripture, Church,
morality, tradition, justice, natural law, order, social utility, and national strength. Claims of equal
and inalienable natural/human rights, however, became increasingly central. And the successes of
some groups opened political space for others to advance similar claims for their equal rights.
The spread of modern markets and states has globalized the same threats to human dignity
initially experienced in Europe. Human rights represent the most effective response yet devised
to a wide range of standard threats to human dignity that market economies and bureaucratic
states have made nearly universal across the globe. Human rights today remain the only proven
effective means to ensure human dignity in societies dominated by markets and states. Although
historically contingent and relative, this functional universality fully merits the label ‘universal’,
for us, today.
Arguments that another state, society, or culture has developed plausible and effective alternative
mechanisms for protecting or realizing human dignity in the contemporary world certainly deserve
serious attention. Today, however, such claims, when not advanced by repressive elites and their
supporters, usually refer to an allegedly possible world that no one yet has had the good fortune to
experience. The alleged success stories of the Cold War era, for example, have collapsed in tragic
failure, often with dreadful human consequences.
The functional universality of human rights depends on human rights providing attractive
remedies for some of the most pressing systemic threats to human dignity. Human rights today
do precisely that for a growing number of people of all cultures in all regions. Whatever our other
problems, we all must deal with market economies and bureaucratic states. Whatever our other

23 Cf. M. Goodhart, ‘Origins and Universality in the Human Rights Debate: Cultural Essentialism
and the Challenge of Globalization’ Human Rights Quarterly, 25 (2003), p. 935. A. Sharma, Are Human
Rights Western? A Contribution to the Dialogue of Civilizations (New Delhi: Oxford University Press, 2006),
exhaustively explores the wide variety of senses in which human rights have been held to be ‘Western’.
24 H. Shue, Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy (Princeton, NJ: Princeton
University Press, 1980), pp. 29–34.
 International Human Rights: Universal, Relative or Relatively Universal? 39

religious, moral, legal, and political resources, we all need equal and inalienable universal human
rights to protect us from those threats.

6. Historical or Anthropological Universality

Human rights are often held to be universal in the sense that most societies and cultures have
practised human rights throughout most of their history. ‘All societies cross-culturally and
historically manifest conceptions of human rights.’25 This has generated a large body of literature on
so-called non-Western conceptions of human rights. ‘In almost all contemporary Arab literature on
this subject [human rights], we find a listing of the basic rights established by modern conventions
and declarations, and then a serious attempt to trace them back to Koranic texts’.26 ‘It is not often
remembered that traditional African societies supported and practiced human rights.’27 ‘Protection
of human rights is an integral part’ of the traditions of Asian societies.28 ‘All the countries [of
the Asian region] would agree that “human rights” as a concept existed in their tradition.’29 Even
the Hindu caste system has been described as a “traditional, multidimensional view of human
rights.’30
Such claims confuse values such as justice, fairness, and humanity, with human rights. Rights
– entitlements that ground claims with a special force – are a particular kind of social practice.
Human rights – equal and inalienable entitlements of all individuals that may be exercised against
the state and society – are a distinctive way to seek to realize social values such as justice and human
flourishing. There may be considerable historical/anthropological universality of values across
time and culture. No society, civilization, or culture prior to the seventeenth century, however, had
a widely endorsed vision, let alone practice, of equal and inalienable individual human rights.31

25 A. Pollis and P. Schwab, ‘Human Rights: A Western Construct with Limited Applicability’, in A. Pollis
and P. Schwab (eds), Human Rights: Cultural and Ideological Perspective (New York: Praeger, 1979), p. 15. Cf.
M. Mutua, ‘The Banjul Charter and the African Cultural Fingerprint: An Evaluation of the Language of Duties’,
Virginia Journal of International Law, 35 (1995), pp. 339, 358; D.R. Penna and P.J. Campbell, ‘Human Rights
and Culture: Beyond Universality and Relativism’, Third World Quarterly, 19 (1998), pp. 7, 21.
26 F. Zakaria, ‘Human Rights in the Arab World: The Islamic Context’, in UNESCO (ed.), Philosophical
Foundations of Human Rights (Paris: UNESCO, 1986), p. 228.
27 D.M. Wai, ‘Human Rights in Sub-Saharan Africa’, in A. Pollis and P. Schwab (eds), Human Rights:
Cultural and Ideological Perspectives (New York: Praeger, 1980), p. 116.
28 Ibrahim Anwar, Luncheon Address. Paper read at JUST International Conference, ‘Rethinking
Human Rights’, at Kuala Lumpur, 7 December 1994.
29 R. Coomaraswamy, ‘Human Rights Research and Education: An Asian Perspective’, in International
Congress on the Teaching of Human Rights: Working Documents and Recommendations (Paris: UNESCO,
1980), p. 224.
30 R. Buultjens, ‘Human Rights in Indian Political Culture’, in K.W. Thompson (ed.), The Moral
Imperatives of Human Rights: A World Survey (Washington, DC: University Press of America, 1980), p. 113.
Cf. Y. Khushalani, ‘Human Rights in Asia and Africa’ Human Rights Law Journal, 4 (1983), pp. 403, 408;
M.L. Stackhouse, Creeds, Society, and Human Rights: A Study in Three Cultures (Grand Rapids, MI: William
B. Eerdmans, 1984).
31 For detailed support for this claim, see J. Donnelly, Universal Human Rights in Theory and Practice,
2nd edn (Ithaca, NY: Cornell University Press, 2003), ch. 5. On Africa in particular, see R.E. Howard, Human
Rights in Commonwealth Africa (Totowa, NJ: Rowman & Littlefield, 1986), ch. 2.
40 International Human Rights Law

For example, Dunstan Wai argues that traditional African beliefs and institutions sustained
the ‘view that certain rights should be upheld against alleged necessities of state’.32 This confuses
human rights with limited government.33 Government has been limited on a variety of grounds
other than human rights, including divine commandment, legal rights, and extralegal checks such
as a balance of power or the threat of popular revolt. ‘[T]he concept of human rights concerns
the relationship between the individual and the state; it involves the status, claims, and duties
of the former in the jurisdiction of the latter. As such, it is a subject as old as politics.’34 Not all
political relationships, however, are governed by, related to, or even consistent with, human rights.
What the state owes those it rules is indeed a perennial question of politics. Human rights provide
one answer. Other answers include divine right monarchy, the dictatorship of the proletariat, the
principle of utility, aristocracy, theocracy, and democracy.
‘[D]ifferent civilizations or societies have different conceptions of human well-being. Hence,
they have a different attitude toward human rights issues.’35 Even this is misleading. Other societies
may have (similar or different) attitudes toward issues that we consider today to be matters of
human rights. But without a widely understood concept of human rights endorsed or advocated
by some important segment of that society, it is hard to imagine that they could have any attitude
toward human rights. And it is precisely the idea of equal and inalienable rights that one has simply
because one is a human being that was missing not only in traditional Asian, African, Islamic, but
in traditional Western societies as well.
The ancient Greeks, for example, distinguished between Hellenes and barbarians, practised
slavery, denied basic rights to foreigners, and (by human rights standards) severely restricted the
rights of even free adult (male) citizens. In medieval Europe, where the spiritual egalitarianism
and universality of Christianity expressed itself in deeply inegalitarian politics, the idea of equal
legal and political rights for all human beings, had it been seriously contemplated, would have been
seen as a moral abomination, a horrid transgression against God’s order. In the ‘pre-modern’ world,
both Western and non-Western alike, the duty of rulers to further the common good arose not from
the rights (entitlements) of all human beings, or even all subjects, but from divine commandment,
natural law, tradition, or contingent political arrangements. The people could legitimately expect to
benefit from the obligations of their rulers to rule justly. Neither in theory nor in practice, though,
did they have human rights that could be exercised against unjust rulers. The reigning ideas were
natural law and natural right (in the sense of righteousness or rectitude), not natural or human
rights (in the sense of equal and inalienable individual entitlements). Arguments of anthropological
universality, rather than show cultural sensitivity and respect, misunderstand and misrepresent the

32 Wai, note 25 above, p. 116.

33 Cf. A. Legesse, ‘Human Rights in African Political Culture’, in K.W. Thompson (ed.), The Moral
Imperatives of Human Rights: A World Survey (Washington, DC: University Press of America, 1980), pp.
125–7; NKAJ Busia, ‘The Status of Human Rights in Pre-Colonial Africa: Implications for Contemporary
Practices’, in E. McCarthy-Arnolds, D.R. Penna and D.J.C. Sobrepena (eds), Africa, Human Rights, and the
Global System: The Political Economy of Human Rights in a Changing World (Westport, CT: Greenwood
Press, 1994), p. 231. For non-African examples, see A.A. Said, ‘Precept and Practice of Human Rights in
Islam’, Universal Human Rights, 1 (1979), pp. 63, 65; R. Mangalpus, ‘Human Rights Are Not a Western
Discovery’, Worldview, 4 (October) (1978); A. Pollis and P. Schwab, ‘Introduction’, in A. Pollis and P. Schwab
(eds), Human Rights: Cultural and Ideological Perspectives (New York: Praeger, 1979), p. xiv.
34 H.-C. Tai, ‘Human Rights in Taiwan: Convergence of Two Political Cultures?’, in J.C. Hsiung (ed.),
Human Rights in an East Asian Perspective (New York: Paragon House Publishers, 1985), p. 79.
35 M. Lee, ‘North Korea and the Western Notion of Human Rights’, in J.C. Hsiung, note 34 above,
p. 131.
 International Human Rights: Universal, Relative or Relatively Universal? 41

foundations and functioning of the societies in question by anachronistically imposing an alien

analytical framework.
I am not claiming that Islam, Confucianism, or traditional African ideas cannot support
internationally recognized human rights. Quite the contrary, I have already argued that in practice
today they increasingly do support human rights. My point is simply that Islamic, Confucian,
and African societies did not in fact develop significant bodies of human rights ideas or practices
prior to the twentieth century – any more than Western societies did prior to the modern era.
Throughout most of history in all parts of the world, questions of social justice and human dignity
were considered to have nothing at all to do with equal and inalienable rights that all human
beings held simply because they were human. Unless we appreciate the historical particularity
and contingency of internationally recognized human rights, we cannot understand their essential
nature and the functions that they do (and do not) perform in the contemporary world.

7. Ontological Universality

Overlapping consensus implies that human rights can, and in the contemporary world do, have
multiple and diverse ‘foundations’. A single trans-historical foundation would provide what I will
call ontological universality.36 Although a single moral code may indeed be objectively correct and
valid at all times in all places, at least three problems make ontological universality substantively
implausible and politically unappealing.
First, no matter how strenuously adherents of a particular philosophy or religion insist that
(their) values are objectively valid, they are unable to persuade adherents of other religions or
philosophies to adopt them. This failure to agree leaves us in pretty much the same position as if
there were no objective values at all. We are thrown back on arguments of functional, international
legal, and overlapping consensus universality (understood now, perhaps, as imperfect reflections
of a deeper ontological universality). Second, all prominent comprehensive doctrines have for
large parts of their history ignored or actively denied human rights. It is highly improbable that
any objectively correct doctrine has been interpreted incorrectly so widely. Thus, it is unlikely that
human rights in general, and the particular list in the UDHR, are ontologically universal. Third,
if human rights were ontologically universal, then the fact that virtually all moral and religious
theories through most of their histories have rejected human rights would mean that these theories
have been objectively false or immoral. Before we embrace such a radical idea, I think we need
much stronger arguments than are currently available to support the ontological universality of
human rights.
Overlapping consensus, rather than render human rights groundless, gives them multiple
grounds. Whatever its analytical and philosophical virtues or shortcomings, this is of great practical
utility. Those who want (or feel morally compelled) to make ontological claims can do so with no
need to convince or compel others to accept this particular, or even any, foundation. Treating human
rights as a Rawlsian political conception of justice thus allows us to address a wide range of issues
of political justice and right while circumventing not merely inconclusive but often pointlessly
divisive disputes over moral foundations.

36 For a recent attempt to defend ontological universality, see W.J. Talbott, Which Rights Should Be
Universal? (New York: Oxford University Press, 2005). The most cited such argument is that of A. Gewirth,
Human Rights: Essays on Justification and Applications (Chicago: University of Chicago Press, 1982).
42 International Human Rights Law

8. Forms of Relativism

Having considered a variety of possible senses of ‘universality’, I now want to turn, more briefly, to
‘relativity’. What makes (or is alleged to make) human rights relative? Relative to what? We have
already seen that they are historically relative. Here I consider four other types of relativity.

8.1 National Implementation of International Human Rights

International legal, overlapping consensus, and functional universality are all essentially
normative. International human rights law establishes international legal obligations. The practice
of states, however, often diverges substantially from these obligations. Overlapping consensus and
functional universality identify moral-religious and sociological foundations that point to the value
and desirability of the practice of human rights. They do not ensure that such desirable practices
actually occur.
Although we have human rights universally, simply as human beings, we enjoy them as a
result of contingent political and legal practices. This relativity of the implementation and
enjoyment, however, is not just accidental but also systematic. The global human rights regime
relies on national implementation of internationally recognized human rights. Norm creation has
been internationalized. Enforcement of authoritative international human rights norms, however,
is left almost entirely to sovereign states. Except in the European regional regime, supranational
supervisory bodies are largely restricted to monitoring how states implement their international
human rights obligations. Transnational human rights NGOs and other national and international
advocates engage in largely persuasive activity, aimed at changing the human rights practices of
states. Foreign states are free to raise human rights violations as an issue of concern but have no
authority to implement or enforce human rights within another state’s sovereign jurisdiction. The
few and limited exceptions – most notably genocide, crimes against humanity, certain war crimes,
and perhaps torture and arbitrary execution – only underscore the almost complete sovereign
authority of states to implement human rights in their territories as they see fit. The implementation
and enforcement of universally held human rights thus is extremely relative, largely a function of
where one has the (good or bad) fortune to live.
There is another dimension of implementation where relativity is not merely a fact but desirable.
Human rights are (relatively) universal at the level of the concept, broad formulations such as
the claims in Articles 3 and 22 of the UDHR that ‘everyone has the right to life, liberty and the
security of person’ and ‘the right to social security’. Particular rights concepts, however, have
multiple defensible conceptions. Any particular conception, in turn, will have many defensible
implementations. At this level – for example, the design of electoral systems to implement the right
‘to take part in the government of his country, directly or through freely chosen representatives’
(Article 21) – relativity is not merely defensible but desirable.
Functional and overlapping consensus universality lies primarily at the level of concepts. These
concepts, as formulated in the UDHR, set a range of plausible variations among conceptions,
which in turn restrict the range of practices that can plausibly be considered implementations of a
particular concept and conception. In addition to this relativity, we should also take seriously the
idea that even some deviations from authoritative international human rights norms may be, all
things considered, (not il)legitimate, especially when they involve one or a few relatively isolated
exceptions that are of considerable local importance to active participants in the overlapping
consensus.
 International Human Rights: Universal, Relative or Relatively Universal? 43

8.2 Self-Determination and Sovereignty

Self-determination and sovereignty ground a tolerant relativism based on the mutual recognition
of peoples/states in an international community. Self-determination, understood as an ethical
principle, involves a claim that a free people is entitled to choose for itself its own way of life and
its own form of government. The language of ‘democracy’ is also often used. Democratic self-
determination is a communal expression of the principles of equality and autonomy that lie at the
heart of the idea of human rights.
Whether a particular practice is in fact the free choice of a free people, however, is an empirical
question. And self-determination must not be confused with legal sovereignty. Legally sovereign
states need not satisfy the ethical principle of self-determination. Too often, repressive regimes
falsely claim to reflect the will of the people. Too often, international legal sovereignty shields
regimes that violate both ethical self-determination and most internationally recognized human
rights – a fact that brings us back to the relative enjoyment of human rights, based largely on where
one happens to live.
Often, the result is a conflict between justice, represented by human rights and self-determination,
and order, represented by international legal sovereignty. Non-intervention in the face of even
systematic human rights violations dramatically decreases potentially violent conflicts between
states. We can also see international legal sovereignty as an ethical principle of the society of
states, a principle of mutual toleration and respect for (state) equality and autonomy. However
we interpret it, though, legal sovereignty introduces a considerable element of relativity into the
enjoyment of internationally recognized human rights in the contemporary world.

8.3 Cultural Relativism

The most common argument for relativity appeals to culture. I have already suggested that human
rights are much more closely tied to social structure than to culture, and that numerous particular
cultures at different times have variously accepted, rejected, and operated without a thought to
human rights ideas and practices. Here I want to consider arguments of cultural relativity directly.
Cultural relativity is a fact: cultures differ, often dramatically, across time and space. Cultural
relativism is a set of doctrines that imbue cultural relativity with prescriptive force. For our purposes,
we can distinguish methodological and substantive cultural relativism.37 Methodological cultural
relativism was popular among mid-twentieth-century anthropologists. They advocated a radically
non-judgmental analysis of cultures in order to free anthropology from biases rooted in describing
and judging other societies according to modern Western categories and values.38 Such arguments
lead directly to recognition of the historical or anthropological relativity of human rights.
In discussions of human rights, however, cultural relativism typically appears as a substantive
normative doctrine that demands respect for cultural differences.39 The norms of the UDHR are

37 J.J. Tilley, ‘Cultural Relativism’, Human Rights Quarterly, 22 (2000), p. 501, carefully reviews
a number of particular conceptions and cites much of the relevant literature from anthropology. Cf. A.D.
Renteln, ‘Relativism and the Search for Human Rights’, American Anthropologist, 90 (1988), p. 56.
38 M.J. Herskovits, Cultural Relativism: Perspectives in Cultural Pluralism (New York: Random
House, 1972).
39 Even Renteln, note 37 above, p. 56, who claims to be advancing ‘a metaethical theory about the
nature of moral perceptions’, thus making her position more like what I have called methodological relativism,
insists on ‘the requirement that diversity be recognized’ and the ‘urgent need to adopt a broader view of
human rights that incorporates diverse concepts’. A.D. Renteln, ‘The Unanswered Challenge of Relativism
44 International Human Rights Law

presented as having no normative force in the face of divergent cultural traditions. Practice is to
be evaluated instead by the standards of the culture in question. As the 1947 Statement on Human
Rights of the American Anthropological Association (AAA) put it, ‘man is free only when he lives
as his society defines freedom’.40 Rhoda Howard-Hassmann has aptly described this position as
‘cultural absolutism’.41 Culture provides absolute standards of evaluation; whatever a culture says
is right is right (for those in that culture). Rather than address the details of such claims, which
usually involve arguments that other cultures give greater attention to duties than to rights and to
groups than to individuals, I will focus on six very serious general problems with substantive or
absolutist cultural relativism.
First, it risks reducing ‘right’ to ‘traditional’, ‘good’ to ‘old’, and ‘obligatory’ to ‘habitual’.
Few societies or individuals, however, believe that their values are binding simply or even
primarily because they happen to be widely endorsed within their culture. Without very powerful
philosophical arguments (which are not to be found in this cultural relativist literature on human
rights), it would seem inappropriate to adopt a theory that is inconsistent with the moral experience
of almost all people – especially in the name of cultural sensitivity and diversity.
Second, the equation of indigenous cultural origins with moral validity is deeply problematic.
The 1947 AAA statement insists that ‘standards and values are relative to the culture from which
they derive so that any attempt to formulate postulates that grow out of the beliefs or moral codes
of one culture must to that extent detract from the applicability of any Declaration of Human
Rights to mankind as a whole.’42 The idea that simply because a value or practice emerged in
place A makes it, to that extent, inapplicable to B is, at best, a dubious philosophical claim that
assumes the impossibility of moral learning or adaptation except within (closed) cultures. It also
dangerously assumes the moral infallibility of culture.
Third, intolerant, even genocidal, relativism is logically at least as defensible as tolerant
relativism. If my culture’s values tell me that others are inferior, there is no standard by which to
challenge this. A multidimensional, multicultural conception of human rights requires appeal to
principles inconsistent with normative cultural relativism.
Fourth, cultural relativist arguments usually either ignore politics or confuse it with culture.
The often deeply coercive aspect to culture is simply ignored. As a result, such arguments regularly
confuse what a people has been forced to tolerate with what it values.
Fifth, these arguments typically ignore the impact of states, markets, colonialism, the spread
of human rights ideas, and various other social forces. The cultures described are idealized
representations of a past that, if it ever existed, certainly does not exist today. For example, Roger
Ames, in an essay entitled ‘Continuing the Conversation of Chinese Human Rights’, completely
ignores the impact of half a century of Communist Party rule, as if it were irrelevant to discussing
human rights in contemporary China.43

and the Consequences for Human Rights’, Human Rights Quarterly, 7 (1985), pp. 514, 540. Such substantive
propositions simply do not follow from methodological relativism or any causal or descriptive account of
moral perceptions.
40 Executive Committee, American Anthropological Association, ‘Statement on Human Rights
Submitted to the Commission on Human Rights, United Nations’, American Anthropologist, 49 (1947), pp.
539, 543.
41 R.E. Howard, ‘Cultural Absolutism and the Nostalgia for Community’, Human Rights Quarterly, 15
(1993), p. 315.
42 Executive Committee, American Anthropological Association, note 40 above, at p. 542.
43 R. Ames, ‘Continuing the Conversation on Chinese Human Rights’, Ethics and International Affairs,
11 (1997), p. 177.
 International Human Rights: Universal, Relative or Relatively Universal? 45

Sixth, and most generally, the typical account of culture as coherent, homogeneous, consensual,
and static largely ignores cultural contingency, contestation, and change. Culture, in fact, is a
repertoire of deeply contested symbols, practices, and meanings over and with which members
of a society constantly struggle.44 Culture is not destiny – or, to the extent that it is, that is only
because victorious elements in a particular society have used their power to make a particular,
contingent destiny.
The fact of cultural relativity and the doctrine of methodological cultural relativism are
important antidotes to misplaced universalism. The fear of (neo-)imperialism and the desire to
demonstrate cultural respect that lie behind many cultural relativist arguments need to be taken
seriously. Normative cultural relativism, however, is a deeply problematic moral theory that offers
a poor understanding of the relativity of human rights.

8.4 Post-Structuralist, Post-Colonial, and Critical Arguments

The growing hegemony of the idea of human rights since the end of the Cold War, combined
with the rise of post-structuralist and post-colonial perspectives, has spawned a new stream of
relativist, or perhaps more accurately anti-universalist, arguments. They typically are based on
a very different sort of anti-foundationalist ontology and epistemology45 and tend to be specially
addressed to the context of globalization. They seek to challenge arrogant, neo-imperial arguments
of universality and draw attention to ‘the civilizationally asymmetrical power relations embedded
in the international discourse’, in order to open or preserve discursive and practical space for
autonomous action by marginalized groups and peoples across the globe.46
Although some versions of such arguments are dismissively critical,47 many are well modulated.
‘[T]he seduction of human rights discourse has been so great that it has, in fact, delayed the
development of a critique of rights’.48 They claim that a lack of critical self-reflection has made
human rights advocates ‘more part of a problem in today’s world than part of the solution’.49

44 For excellent brief applications of this understanding of culture to debates over human rights, see
A.-B.S. Preis, ‘Human Rights as Cultural Practice: An Anthropological Critique’, Human Rights Quarterly,
18 (1996), p. 286; A.J. Nathan, ‘Universalism: A Particularistic Account’ in L. Bell, A.J. Nathan and I. Peleg
(eds), Negotiating Culture and Human Rights (New York: Columbia University Press, 2001).
45 Critical Marxian perspectives, however, make similar arguments from a foundationalist perspective.
See e.g. T. Evans, US Hegemony and the Project of Universal Human Rights (Basingstoke: Macmillan Press,
1996).
46 A. Woodiwiss, ‘Human Rights and the Challenge of Cosmopolitanism’, Theory, Culture and Society,
19 (2002), p. 139.
47 For example, Makau Mutua writes of ‘the biased and arrogant rhetoric and history of the human
rights enterprise’, which is simply the latest expression of ‘the historical continuum of the Eurocentric
colonial project’. M. Mutua, ‘Savages, Victims, and Saviors: The Metaphor of Human Rights’, Harvard
International Law Journal, 42 (2001), pp. 201, 202, 204. The hegemony of international human rights norms,
in this reading, amounts to granting Western culture ‘the prerogative of imperialism, the right to define and
impose on others what it deems good for humanity’. Ibid., p. 219.
48 M. Mutua, ‘The Ideology of Human Rights’, Virginia Journal of International Law, 36 (1996), pp.
589, 591.
49 D. Kennedy, ‘The International Human Rights Movement: Part of the Problem?’, Harvard Human
Rights Journal, 15 (2002), p. 101.
46 International Human Rights Law

There are ‘dark sides of virtue.’50 The uncomfortable reality, whatever the intentions of Western
practitioners, too often is ‘imperial humanitarianism’.51
In these accounts, universality per se – and more particularly the tendency for difference to
be intellectually obscured and politically repressed by universal claims – is targeted more than
universal human rights in particular. Conversely, even many fairly radical post-structuralist and
post-colonial authors reject normative cultural relativism in favour of a more dialogical approach
that is not dissimilar to the overlapping consensus arguments discussed above.52 The emphasis is
on the dangers of false, abusive, or coerced universalism – a theme to which I now turn, from a
more universalistic position.

9. Universalism Without Imperialism

My account has emphasized the ‘good’ sides of universalism, understood in limited, relative terms.
The political dangers of arguments of anthropological universality are modest, at least if one
accepts functional and international legal universality. In arguing against ontological universality,
however, I ignored the dangers of imperialist intolerance when such claims move into politics.
The legacy of colonialism demands that Westerners show special caution and sensitivity
when advancing arguments of universalism in the face of clashing cultural values. Westerners
must also remember the political, economic, and cultural power that lies behind even their best
intentioned activities. Anything that even hints of imposing Western values is likely to be met
with understandable suspicion, even resistance. How arguments of universalism and arguments of
relativism are advanced may sometimes be as important as the substance of those arguments.53
Care and caution, however, must not be confused with inattention or inaction. Our values,
and international human rights norms, may demand that we act on them even in the absence of
agreement by others – at least when that action does not involve force. Even strongly sanctioned
traditions may not deserve our toleration if they are unusually objectionable. Consider, for example,
the deeply rooted tradition of anti-Semitism in the West or ‘untouchables’ and bonded labour in
India. Even if such traditional practices were not rejected by the governments in question, they
would not deserve the tolerance, let alone the respect, of outsiders. When rights-abusive practices
raise issues of great moral significance, tradition and culture are a slight defence.

50 D. Kennedy, The Dark Sides of Virtue: Reassessing International Humanitarianism (Princeton, NJ:
Princeton University Press, 2004).
51 G. Gott, ‘Imperial Humanitarianism: History of an Arrested Dialectic’, in B.E. Hernández-Truyol
(ed.), Moral Imperialism: A Critical Anthology (New York: New York University Press, 2002). Cf. S. Koshy,
‘From Cold War to Trade War: Neocolonialism and Human Rights’, Social Text, 58 (1999), p. 1; P. Cheah,
‘Posit(ion)ing Human Rights in the Current Global Conjuncture’, Public Culture, 9 (1997), pp. 233–66, at
p. 233. M. Ignatieff, Human Rights as Politics and Idolatry (Princeton, NJ: Princeton University Press, 2001),
expresses similar worries from within a very traditional Western liberal perspective.
52 See e.g. B. de Sousa Santos, ‘Toward a Multicultural Conception of Human Rights’, in B.E.
Hernández-Truyol (ed.), Moral Imperialism: A Critical Anthology (New York: New York University Press,
2002); B.E. Hernández-Truyol and S.E. Rush, ‘Culture, Nationhood, and the Human Rights Ideal’, Michigan
Journal of Race and Law, 5 (2000), p. 817.
53 I probably would not object to readers who take this as implicit acknowledgement of certain
shortcomings in some of my previous work on relativism, although I suspect that we might disagree about the
range of applicability of such criticisms.
 International Human Rights: Universal, Relative or Relatively Universal? 47

I do not mean to minimize the dangers of cultural and political arrogance, especially when
backed by great power. US foreign policy often confuses American interests with universal values,
with devastating results. Faced with such undoubtedly perverse ‘unilateral universalism’, even
some well-meaning critics have been seduced by misguided arguments for the essential relativity
of human rights. This, though, in effect accepts the American confusion of human rights with US
foreign policy.
The proper remedy for ‘false’ universalism is defensible, relative universalism. Functional
universality, overlapping consensus universality, and international legal universality, in addition
to their analytical and substantive virtues, can be valuable resources for resisting many of the
excesses of US foreign policy, and perhaps even for redirecting it into more humane channels.
Without authoritative international standards, to what can the USA (or any other great power) be
held accountable? If international legal universality has no force, why shouldn’t the USA act on its
own (often peculiar) understandings of human rights? Although human rights are not a panacea for
the world’s problem, the relative universality of those rights is a powerful resource that can be used
to help to build more just and humane national and international societies.

10. The Relative Universality of Human Rights

I have been using the language of relative universality for over 20 years now.54 The crucial point
was, and I still believe it to be, to escape the idea of a universal–relative dichotomy. And that
has been the clear direction of the development of discussions. Most sophisticated defenders
of both universality and relativity today recognize the dangers of an extreme commitment, and
acknowledge at least some insights in the positions of those ‘on the other side’.
The standard representation is of a spectrum of views. At the relatively universalistic end of
this spectrum, I have defended ‘relative universality’.55 Towards the relativist end, Richard Wilson
argues that ideas of and struggles for human rights ‘are embedded in local normative orders and
yet are caught within webs of power and meaning which extend beyond the local’.56 We might call
this ‘universalistic relativity’. Nearer the centre, Andrew Nathan uses the language of ‘tempered
universalism’,57 but English, with its standard adjective–noun structure, does not seem to provide a
succinct label for a position that wishes to give priority to neither universality nor relativity.
The above discussion, however, suggests that we replace the metaphor of a spectrum – or a
scale, with different weights on the two sides – with that of a multidimensional space. Neither

54 See J. Donnelly, Universal Human Rights in Theory and Practice (Ithaca, NY: Cornell University
Press, 1989), pp. 98, 106, 107.
55 Towards this end of the spectrum, compare Fred Halliday, Relativism and Universalism in Human
Rights: The Case of the Islamic Middle East’, Political Studies, 43 (1995), p. 152; Michael J. Perry, Are
Human Rights Universal? The Relativist Challenge and Related Matters, Human Rights Quarterly, 19 (1997),
p. 461; Charles R. Beitz, Human Rights as a Common Concern, American Political Science Review, 95
(2001), p. 269.
56 Richard A. Wilson, ed., Human Rights, Culture and Context: Anthropological Perspectives (London:
Pluto Press, 1997), p. 23. Cf. Fred Dallmayr, ‘Asian Values’ and Global Human Rights’, Philosophy East and
West, 52 (2002), p. 173; Charles Taylor, Conditions of an Unforced Consensus on Human Rights, in The East
Asian Challenge for Human Rights, note 5 above; Penna and Campbell, note 25 above, p. 3.
57 Nathan, note 44 above; cf. Preis, note 44 above; Declan O’Sullivan, ‘Is the Declaration of Human
Rights Universal?’, Journal of Human Rights, 4 (2000), p. 25.
48 International Human Rights Law

universality nor relativity is a single thing. Rather than with how much universality or relativity, we
should be concerned with how human rights are relative and universal.
‘Relative universality’, ‘universalistic relativity’, ‘tempered universalism’, and all such
summary labels should be understood to mean simply that human rights are in some senses relative
and in other senses not relative, and in some senses universal but in other senses not universal. I
have advanced a particular account of which is which. Some may disagree with those judgements.
I think, though, that there can be little doubt that human rights are both universal and relative and
that any reasonable discussion of the issue of universality today must start from this observation.