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All Journal International Law Discourse in Southeast Asia International Law Discourse in Southeast Asia
Lubis, Muhammad Rizki Akbar
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Human Rights and Relativism Through the Lens of Developing Nations Case Study of Indonesia’s Ratification on CEDAW Lubis, Muhammad Rizki Akbar
International Law Discourse in Southeast Asia Vol. 2 No. 1 (2023): Regional Legal Practices in Southeast Asia: From Dispute Resolution to Human Ri
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.32401

Abstract

Universalists argue that human rights as laid out by current human rights law embodies universal ideals and rights that are universally relevant and applicable to all people. However, some relativists have questioned this idea, pointing out that ethical systems should evolve in the context of local cultures and not assume its universal applicability. It arises a question whether human rights indeed a universal concept that should be assumed to all nations irrespective of its cultural differences. Especially in the context of most developing nations that have their own cultural philosophies and societal conducts, it is intriguing to assess how does the "universal applicability" of human rights fare within the local enforcement of human rights treaties. This research will be normative legal research as it will analyze the legal aspect of relativism in the perspective of developing nations in its relation to the enforcement of human rights within the existing treaty that encompasses of Universal Declaration of Human Rights, and Convention on the Elimination of All Forms of Discrimination against Women. This article argues that "consent" of the intended groups that the human treaties wanted to protect matters to bridge the difference between the two concepts.
Human Rights and Relativism Through the Lens of Developing Nations Case Study of Indonesia’s Ratification on CEDAW Lubis, Muhammad Rizki Akbar
International Law Discourse in Southeast Asia Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v2i1.63262

Abstract

Universalists argue that human rights as laid out by current human rights law embodies universal ideals and rights that are universally relevant and applicable to all people. However, some relativists have questioned this idea, pointing out that ethical systems should evolve in the context of local cultures and not assume its universal applicability. It arises a question whether human rights indeed a universal concept that should be assumed to all nations irrespective of its cultural differences. Especially in the context of most developing nations that have their own cultural philosophies and societal conducts, it is intriguing to assess how does the "universal applicability" of human rights fare within the local enforcement of human rights treaties. This research will be normative legal research as it will analyze the legal aspect of relativism in the perspective of developing nations in its relation to the enforcement of human rights within the existing treaty that encompasses of Universal Declaration of Human Rights, and Convention on the Elimination of All Forms of Discrimination against Women. This article argues that "consent" of the intended groups that the human treaties wanted to protect matters to bridge the difference between the two concepts.
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