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