STRENGTHENING THE UNIVERSALITY OF HUMAN RIGHTS IN PRAXIS

• Autor(a) principal: Pachori, Anviksha
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Lex Humana
• Texto Completo: https://seer.ucp.br/seer/index.php/LexHumana/article/view/2414
• topic: Universalism; Human Rights; Discourse; Tradition; Cultural practices; Cultural relativism

In conceptual terms, human rights laws are universal in nature but whether they are really universal in practice is a question of research. A small portion of this paper covers the historical debates on the understanding and implementation of universalism in western philosophical order and the fundamental problems associated with Asian discursive practices. In the case of the latter, due to regional relativism, the western version of universalism cannot be put to practice, as evident in the critique from several Asian countries of what they regarded as western values expressed in the Universal Declaration of human rights, 1948. When it comes to India, it is a known fact that it is a country rich with diversity, deep cultural values and multitudinous ethnicities. Against this diversity, the concept of universalism loses firm ground and other factors overpower. All these cultural differences, historical developments and evolving conceptualisations of human rights gradually lead to an Indian interpretation and understanding in the expanse of human rights. An overview of the shaping of human rights as a concept and praxis would reveal how momentous changes have been taking place through judicial intervention and global world watch. This paper captures the trajectory of expansion in the field of human rights and implementation mechanisms through judicial intervention and activism to attain the values of universalism in the national and International legal framework