The
Universal Declaration of Human Rights and the following major human rights
covenants have been recognized and signed by nearly all countries on earth. Yet,
the claim to universal validity of human rights time and again is subject to sceptical
and critical questioning. The question as to the relationship of the claim to
universal validity and local or regional traditions and value systems still
remains open. One of the key issues in this context refers to the possibility
of defining human rights and traditional values.
On the one
side, there are justified complaints about the lack of sensitivity in dealing
with traditions and values as becomes apparent for example in human rights
implementation strategies. On the other side, the foundation of human rights on
the respect for human dignity risks being undermined if terms such as tradition
and values are included in resolutions on the protection of human rights. Placing
human rights under cultural reservations, as is quite often the case when reference
is made to national or regional characteristics and historical or cultural
backgrounds, must be rejected.
These
questions have been the subject of discussions about a draft resolution
entitled “Promoting human rights and fundamental freedoms through a better
understanding of traditional values of humankind: best practices“ which the
Russian Federation has submitted to United Nation’s Human Rights Council every
year since 2009, and most recently in 2012. In the Council, Russia as the
initiator of the resolution, tries to place the protection of human rights
under “cultural reservations“ and to bind the implementation of human rights to
their compatibility with the respective dominating culture.
Theses of the working group “Human Rights and Human Dignity” on human rights and traditional values
Resolution 21/3
Study of the Human Rights Council Advisory Committee on Human Rights and Traditional Values