The Universality of Human Rights
The theory of universalism is that human rights are the same (or must be the same) everywhere, both in substance and application. Advocates of strict universalism assert that international human rights are exclusively universal. This theory is mostly advocated by WesternStates and scholars who present universalism in human rights through a strict Western liberal perspective. They reject any claims of cultural relativism and consider it as an unacceptable theory advocated to rationalize human rights violations. Scholars who argue that human rights were developed from Western culture also often argue that Western norms should always be the universal normative model for international human rights law. The theory of universalism is that human rights are the same (or must be the same) everywhere, both in substance and application. Advocates of strict universalism assert that international human rights are exclusively universal.

This theory is mostly advocated by WesternStates and scholars who present universalism in human rights through a strict Western liberal perspective. They reject any claims of cultural relativism and consider it as an unacceptable theory advocated to rationalize human rights violations. Scholars who argue that human rights were developed from Western culture also often argue that Western norms should always be the universal normative model for international human rights law. The theory of universalism is that human rights are the same (or must be the same) everywhere, both in substance and application. Advocates of strict universalism assert that international human rights are exclusively universal. This theory is mostly advocated by WesternStates and scholars who present universalism in human rights through a strict Western liberal perspective. They reject any claims of cultural relativism and consider it as an unacceptable theory advocated to rationalize human rights violations. Scholars who argue that human rights were developed from Western culture also often argue that Western norms should always be the universal normative model for international human rights law.

Finally, this question is not truly relevant when it comes to the Islamic position on human rights. As shall be discussed in detail in the following chapter, the Islamic view on human rights should not be based on the question of cultural diversity or anything of that nature. The premises of the human rights movement have to be established before any question of universality or cultural relativism come into play. The purport of the this chapter has been to question the very premises of the movement. If the premises are found faulty, then the question of universal application and strict universality becomes a moot point.


Some Important Conclusions
This chapter has admittedly been a fairly grim expose of human rights theory. From its very foundations to its practice, the human rights paradigm is far from perfect, to say the least.

Very little is offered by human rights theorists as to why anyone should believe in or accept this paradigm. Once it is recognized that that issue is not solvable, the problem of what or what is not a human right actually becomes insurmountable—as everything from homosexuality, interreligious marriage and not being circumcised are presented as “human rights.” In fact, it was found that the human rights paradigm as a whole is self-contradictory. It claims to offer human rights and freedoms to others but will only do so within its own framework, meaning that human rights and freedoms are only those human rights and freedoms that the human rights paradigm allows. Thus, there are no true freedoms and to real rights. Finally, it was shown that the human rights paradigm is about a utopia that is very far from being achieved. In fact, even those who are most vocal in their support of human rights demonstrate that from their own point of view other priorities can still take precedence over human rights.

One is left with a very grim outcome. In the end, one must keep in mind that the human rights movement and paradigm is not simply about affirming some general human rights that the majority of the world’s inhabitants would probably accept. The movement is about much more than that. The movement is about changing countries, societies and even religions to adhere not just to general principles but specific forms of regulation and laws.

Now comes the question: Why? Why should people give up their cultural practices and submit to this new paradigm? Why should people give up what they believe in to be ultimate truths, such as parts of their religion, to be in accordance with the demands of this movement?

If, in answering these types of questions, the human rights advocates could argue that they have a firm foundation for their beliefs, that they can prove that their movement will bring about the “best of all possible worlds,” that their system is a logical and consistent system will allow all to be “free,” and so on, then one could rationally argue that perhaps everyone in the world should take the demands of the human rights movement seriously. However, the human rights paradigm cannot make such claims.

The reality is that the justifications for the human rights paradigm are weak—virtually, unidentifiable, disputed and doubtful at best. No one can say what kind of world will result if everyone is given all of the “freedoms” that many human rights advocates are calling for. Instead of leading everyone to be free, its self-contradictory framework has simply led to more and more disputes as to what constitutes a violation of human rights and what does not. Thus, as of September 18, 2008, there were 100,000 cases pending before the European Court of Human Rights, while in its entire history it had only been able to render 10,000 judgments —and a case only goes to that court if all domestic remedies have failed.

Again, these realities—as well as all the points made in this chapter—actually lead to what should be a more obvious and specific question: Why should anyone who believes in Islam as the ultimate truth be willing to compromise or sacrifice any part of his religion and relationship to God on the basis of such a paradigm? This leads directly into the next chapter, which is a discussion of Islam and “human rights.”