Lecture slides (Universalism vs Cultural Relativism) (1) (1)

Subject: Universalism vs Cultural Relativism in Criminal Justice and Human Rights
Instructor: Dr. Gizem Guney
Institution: University of Portsmouth

Universalism posits that there are inherent moral values that transcend cultural differences.
According to Nayak (2013), these common values lead to justice when respected globally.
Core idea: Certain values remain unaffected by cultural variations.

Cultural relativism argues that concepts of justice are culturally bound and authentic within specific social contexts (Dahre, 2017).
Justice and morality are defined by social and cultural norms, making them unique to each culture.

Culture significantly influences the criminal justice system.
Behaviors criminalized in one culture may not be seen as morally wrong in another.
Examples include:
- Female Genital Mutilation (FGM)
- Forced marriages
- Child marriages
- Honour killings
Universal application of law may leave some cultural groups feeling unrepresented, disrespected, or unjustly punished.
While some practices are deeply rooted in culture, their criminalization often raises ethical and moral concerns.

Modern criminal justice systems align with international human rights principles.
Fundamental human rights are based on natural rights understanding and are:
- Universal and inalienable: Applicable to all individuals worldwide.
- Indivisible: All rights hold equal importance and cannot be ordered hierarchically.
- Interdependent: Fulfillment of one right often involves the realization of others.

Article 1: All human beings are born free and equal in dignity and rights.
Article 2: Everyone is entitled to rights as specified in international declarations.

Human rights ideology upholds universalism, asserting that rights belong to all humans regardless of background.
Key rights include:
- Equal protection
- Physical security
- Freedom of speech
- Freedom of religion
- Freedom of association

Human rights concepts originated largely from Western philosophies and documents such as the French and US Declarations.
Historical influences trace back to the Enlightenment period, with philosophers like John Locke.
Critics argue that human rights may reflect Western cultural norms rather than universally applicable principles.

The individualistic focus of human rights may clash with communal cultures, where individuals' rights are often viewed as less important than group rights.
Human rights law typically emphasizes individual rights over collective or group rights.

The drafting of the Universal Declaration of Human Rights was shaped significantly by Western nations.
Various cultural traditions represented at the drafting included:
- Judeo-Christian
- Islamic
- Marxist
- Buddhist-Confucian
Resulted in claims that human rights are Western constructs.

Human rights treaties recognize the necessity to protect against culturally embedded discrimination.
Example: UN CEDAW highlights the need to modify societal patterns preventing gender equality.
Example: The Istanbul Convention prohibits using cultural justifications for acts of violence.

Reservations allow states to opt-out of certain treaty provisions, often citing cultural or religious grounds.
Current data shows that most reservations arise in Islamic contexts, primarily through UN CEDAW.
Reservations are controversial as they can dilute the effectiveness of human rights laws.

Culture is frequently invoked to limit the rights of marginalized groups, including women and LGBTQI individuals.
Cultural justifications for restrictions on women's rights are highlighted in areas such as marriage, inheritance, and sexuality.
Feminist scholars challenge these cultural justifications

Female Genital Mutilation (FGM) involves altering female genitals for non-medical reasons, primarily practiced on young women.
Aims to suppress female sexuality and is often performed by older women in the same community.
FGM occurs globally, particularly in parts of Africa and among diaspora from these regions.

In the UK, there were 6,590 instances of FGM identified between April 2019 and March 2020.
FGM has been illegal since the Prohibition of Female Circumcision Act 1985, replaced by the Female Genital Mutilation Act 2003.
Severe penalties apply for violations, with up to 14 years imprisonment.

Cultural relativism critiques UK laws as potentially imperialistic, imposing Western norms.
Victims may perceive FGM as culturally appropriate, complicating feminist critiques.

From a human rights perspective, FGM is an unequivocal violation of rights, affecting:
- Health
- Physical integrity
- Equality
- Privacy
Theconcern remains whether human rights laws respect cultural differences or impose Western norms.

Advocates for a nuanced approach where cultural particularity is acknowledged in judicial practices.
Suggestions include:
- Allowing religious practices for minority convicts
- Culturally sensitive rehabilitation for victims
- Cultural awareness in community policing

Beirne, P. (1983). Cultural relativism and comparative criminology. *Contemporary Crises.
Brown, (2005). Cultural Relativism, Universal Human Rights, and Women in Islamic Societies.
Donnelly, J. (1984). ‘Cultural Relativism and Universal Human Rights’. *Human Rights Quarterly.
Johansson Dahre, U. (2017). ‘Searching For a Middle Ground: Anthropologists and the Debate on The Universalism and the Cultural Relativism of Human Rights’.
Mayer, A. E. (1995). 'Cultural Particularism as a Bar to Women’s Rights: Reflections on the Middle Eastern Experience' in Women’s Rights, Human Rights: International Feminist Perspectives.
Ignatieff, M. (2012). ‘Feminist Analysis of Human Rights Law’.