The Culturalization of Human Rights Law

How ‘Universal’ Is the United Nations’ Universal Periodic Review Process? An Examination of the Discussions Held on Polygamy

“…So far it can be observed that whenever the relationship between polygamy and culture has been recognised during state reviews, the positions adopted by states affiliate either with the strongest forms of universalist or relativist positions. This is in sharp contrast to the contemporary scholarly debates on the issue, where the conversation on the conceptualisation and implementation of rights has moved away from such polarised extremes, towards more nuanced alternatives that have focused on reaping the benefits of both positions (Dembour 2001;Renteln 1985Renteln , 2013An-Na'im 1991;Lenzerini 2014;Merry 2003;Zwart 2012;Obermeyer 1995;Falk 1995). Going further, when the polarised extremes are adopted in practice on an international discourse on human rights norms, the findings of this investigation reveal that the presumed conceptualisation of culture, and the implications that derive from this interpretation, gives grounds to suggest that there are more similarities with the two positions than is initially apparent.…”

“…One aspect of furthering the goal of culturally legitimate human rights is for external actors not only to discuss the scope and implementation of rights, but also to encourage those within the culture to engage in an internal discourse to help legitimise human rights in the domestic context. (An-Na'im 1994;Lenzerini 2014;Merry 2003). The unique and innovative character of the interactive dialogue session is the one of the most obvious platform for this cross cultural dialogue to be undertaken.…”

“…Contemporary scholarly discourse on universalism and relativism has shifted away from these two extremes toward a broad consensus in accepting the merits of the universal project on international human rights law; whilst recognising the importance of culture in supporting its conceptualisation and implementation in the domestic contexts. (Dembour 2001;Renteln 1985Renteln , 2013An-Na'im 1991;Lenzerini 2014;Merry 2003;Zwart 2012;Obermeyer 1995;Falk 1995). Space here does not permit an in depth analysis of all the approaches suggested by scholars in mediating between universalism and relativism.…”

“…The essence of this conceptualisation of culture is encapsulated in the works of a number of scholars that have identified the merits of cultural support in furthering the implementation of international human rights in the local context. (An-Naim 1995;Zwart 2012;Merry 2006;Falk 1995;Lenzerini 2014). Whilst there are nuanced variations between the suggestions advocated by scholars, their positions have formed part of the contemporary discourse in mediating between relativism and universalism.…”

Neo-extractivist controversies in Bolivia: indigenous perspectives on global norms

“…29033, which included the Regulation on Consultation and Participation for Hydrocarbon Activities, in 2007. the human rights catalogue. 12 In a more recent judgment, the importance of indigenous organisational structures is reaffirmed while attributing to them the power and competences to apply their own norms where conflicts arise (Lenzerini, 2014). 13 Despite its promising beginnings, the newly established indigenous rights system was increasingly undermined in the course of Morales's three terms of office.…”