UNIVERSALISM AND

CULTURAL
RELATIVISM
Prof. (Dr.) Kokila Konasinghe
Department of public and International Law
Faculty of Law
University of Colombo, Sri Lanka.
◦ Socio-legal-human rights interdisciplinary focus
◦ Judging, appreciating and understanding other cultures using your own cultural standards.
◦ Polygamy(Muslim) and monogamy(Christian)
◦ Source:

Henry j. Steiner and Philip Alston, International

Human Rights in Context: Law, Politics and
Morals, 2nd edition Oxford university Press
Different levels of application of HR
◦ International Human Rights standards
◦ Regional Human Rights Standards
◦ National human Rights Standards
Debates
◦ International HR is western imperialism through law and politics
◦ What is right and wrong
◦ Moral judgements and ethical values
◦ No objective correct and incorrect cultural practice
Rational of relativism in culture
Cultural relativism claims of sovereign right for a state to follow its own path in application of human
rights
◦ Application of Special Laws in Sri lanka
◦ Kandyan
◦ Muslim
◦ Thesawalame

◦ Article 16 of the constitution

◦ 16. (1) All existing written law and unwritten law shall be valid and operative notwithstanding any
inconsistency with the preceding provisions of this Chapter.
◦ Banning wearing religious symbols in public
◦ Child marriages
◦ Female circumcision/genital mutilation
◦ Sati, wives were burnt alive at the husband’s funeral pyre
◦ Understand culture within communities are diverse
◦ Respect diversity
◦ Recognise diversity
◦ Promote appreciate diverse cultures
◦ Non discrimination based on culture
◦ Develop mechanisms within States to facilitate cultural sensitivity