The Dichotomy between Cultural Relativism and Universalism: A Case for Universalism in the Application of International Human Rights Standards in Post-colonial Africa

Abstract

This thesis critically examines the rift between cultural relativism and universalism in international human rights discourse with specific reference to human rights violations in Africa. It specifically makes the case for universalism, holding that certain core human rights values are generally cross-cultural and must apply to all contemporary societies, notwithstanding the popular contention in the Global South that human rights are alien to no-Western societies, considering that they principally originated from the Judeo-Christian tradition which is allegedly incompatible with non-Western culture. Furthermore, the fact that human rights have emerged as effective mechanisms for the ultimate protection of human dignity, in addition to the emerging evidence of an engulfing cosmopolitan culture, makes them appropriate for cross-cultural application. Finally, this thesis argues that the archaic conceptualization of culture— which infuses our understanding of the rights concept—as a static set of homogeneous patterns and beliefs is increasingly obsolete and, thus, largely immaterial.