Are International Human Rights Universal? – East-West Philosophical Debates on Human Rights to Liberty and Health

In Elisa Grimi & Luca Di Donato (eds.), Metaphysics of Human Rights. 1948-2018. On the Occasion of the 70th Anniversary of the UDHR. Vernon Press. pp. 135-152 (2019)
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Abstract

In philosophical debates on human rights between the East and the West, scholars argue whether rights in the Universal Declaration of Human Rights (UDHR) and other international documents (in short, “international human rights”) are universal or culturally relative. Some scholars who emphasize the importance of East Asian cultures (such as the Confucian tradition) have different attitudes toward civil and political rights (CP rights) than toward economic, social, and cultural rights (ESC Rights). They argue that at least some international human rights on the list of CP rights are not universal and believe that East Asian cultures can contribute to the moral justification of ESC rights. This chapter introduces a philosophical argument to support a normative account of human rights. This normative account, called “the minimal account of human rights,” is based on the ideas of minimal values, especially essential necessities of dignity. Based on this account, we can explain why international human rights are both universal and justified by East Asian cultures, especially the Confucian tradition. To explain this minimal account and illustrate how it can be applied to debates on international human rights, this chapter focuses on debates on the international human rights to liberty on the list of CP rights and the human rights to health on the list of ESC rights.

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Benedict S. B. Chan
Hong Kong Baptist University

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References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.
Utilitarianism.John Stuart Mill - 1861 - Cleveland: Oxford University Press UK. Edited by Roger Crisp.
Anarchy, State, and Utopia.Robert Nozick - 1974 - Philosophy 52 (199):102-105.
Natural Law and Natural Rights.John Finnis - 1979 - New York: Oxford University Press UK.

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