Is it appropriate, desirable and coherent to impose human rights law and norms on cultures when these cultures have adopted norms and practices that violate human rights? Such an imposition would clearly upset and perhaps even destroy cultural arrangements and traditions, something which would in turn have numerous adverse consequences for people’s well-being and sense of identity (not to mention the consequences for human diversity, humanity’s heritage etc.). Add to that the likelihood that “imposition” usually means “violence”, and you can rest your case.
Or can you? Is it really a no-brainer that culture should by definition have priority and preferential treatment compared to the universality of human rights? I’m very receptive to the requirements of culture and I accept that cultural imperialism and neocolonialism are real problems. But I also believe that the culture-universality problem is contaminated by a long list of mistakes and misunderstandings, making the choice between culture and universality a lot less obvious. Here’s a short list:
- Cultures need human rights. Especially in today’s multicultural world, cultures need freedom of religion, tolerance, freedom of association and assembly etc. in order to survive. Sacrificing human rights on the altar of culture ultimately means sacrificing culture as well. So cultures at least have a strategic reason to adopt human rights, even if this means giving up certain of their more cruel and barbaric practices and norms.
- Cultures change. With or without the prodding of human rights activists, governments or international institutions. So why not promote change in the good direction, meaning in the direction of human rights? Cultures are not, and should not be, untouchable. Changing parts of them – i.e. certain norms and practices – doesn’t necessarily mean destroying them.
- “Culture” is often a tool in the hands of oppressors. They are all too willing to dress up their tyranny in the clothes of culture, giving themselves an aura of respectability and inevitability. Many of the rights violations that are supposedly “cultural” are nothing of the sort.
- Cultures aren’t monolithic. They are complicated and self-contradictory. While some elements of a culture generate rights violations, other elements of the same culture prohibit those violations. In fact, most if not all cultures have elements that can back up human rights protection, although often this is implicit rather than explicit. Giving priority to elements of a culture that violate human rights is just one specific interpretation of a culture, and possibly a self-interested one if it’s done by those in power. When human rights and culture contradict each other, often the problem can be solved, not by ditching human rights but by favoring another interpretation of the culture. In the words of Charles Taylor, different cultures will travel different routes to the same goal of universality of rights, each culture finding within itself the resources to justify and ground human rights.
- Linked to this: who can decide what is a truly cultural practice or norm? Ideally it’s the people making up the culture, not some self-interested spokesperson. The people, however, rarely if ever get to decide this. One can assume that, if they would be able to decide, they wouldn’t favor an interpretation that harms their rights. Also, and importantly, if they would be allowed to decide, they would need human rights to do so.
- An assumption of those granting automatic priority to culture is that imposing something on a culture, or coercing a culture to evolve in a certain direction, is by definition wrong. They assume that this is a dogma of post-colonialism. However, nobody worries about coercion of domestic practices that violate the law, not even if these practices can justifiably be labeled as “cultural”. We don’t allow “mafia culture” to flourish, or certain violent forms of macho culture or whatever. States pride themselves on the uniform application of domestic law, no matter how diverse their citizenry. And international human rights law is law as well, and also merits uniform application. Why is coercion in one case allowed but not in the other? By the way: many authoritarian countries that claim the right to violate human rights as a means to protect “their” culture (or what they claim is their culture) impose a dominant culture domestically at the expense of minority cultures.
- The charge of cultural imperialism and the analogy with colonialism imply that human rights advocacy equals the attempt to impose western culture on the rest of the world. That human rights promotion is cultural export, a crusade or a holy war. However, human rights aren’t western rights, not by a long shot. The West violates human rights just as much as anyone else. And other cultures can find human rights within their traditions. Unlike the crusades, human rights promotion doesn’t attempt to impose a worldview, a morality or a religion. If it imposes something, it imposes diversity and plurality.
- Finally, their is the relativity of relativism. If all values are based on culture and there are no universal values that can take precedence, than that’s true as well of cultural relativism. Why would the rule that all culture can decide for themselves be the only universal and non-cultural rule?