Second Short Assignment – Buronan; Sebuah Pelarian
Academia, Opinion

Second Short Assignment

Human right is essential to keep the world peace and order. The United Nations Secretary General, in his speech commemorating Human Right Day (Moon 2016) refers human rights, along with peace and sustainable development, as the main principles of United Nations to establish a just and orderly world. Furthermore, it stands as ‘the foundation of freedom, justice and peace’ in international society (Universal Declaration of Human right 1948, Preamble). Considering the historical catastrophe behind it, Universal Declaration of Human right is an achievement for human kind. The initial purpose of Human right is to make a better world with no atrocities by one human to another and more importantly to maintain peace and order (Langlois 2012). The moral value lies behind its construction is the key point why human right is universal thus further debate on its universality should be shifted to better enhance its implementation in the world.     

Ethics is the essence of human right formation. The moral values under human right can counter accusation of it being too western and a form of cultural imperialism. First, Moyn (2010) argues that the first birth of human right is not specifically from western roots as the opponent claims in early history of revolution but in 1970s. He further argues that Hobbes, for instance, has no intention to associate his work ‘The Right to Nature’ to invent human right but rather to citizen ruling in domestic politics (Moyn 2010, p. 22).  Kant, a cosmopolitan thinker, has pointed to law but it is not also related to human right but as asylum right in domestic politics (Moyn 2010, p. 28). Accordingly, the underlying principle of human right is not embedded in western history but seek especially for moral reason.  

Secondly, Universal Declaration of Human right (UDHR) notably answers the need to establish moral rule of conduct aftermath World War (Langlois 2013). Human right is entitled to human for ‘the universal dignity of all human beings by virtue of their humanity’ (Le 2016, p. 203). Dignity requires respect and equality in all human interaction with each other (Le 2016). Neglecting human right could lead to violence and savage behaviour (UDHR 1948). Thus, human right is constructed by morality than western ideas.

Furthermore, human right is claimed to be western constructed either in western history or product, but in fact, various cultures has embraced the idea of what we call human right today in their respective beliefs and doctrines (Sen 1997). Buddhism, main basis ranging from Southeast to East Asia, is one of the sponsors of freedom both in life and politics (Sen 1997, para. 10). Another sponsor is Turkish empire and India endorsing tolerance and rights protection (Sen 1997, para. 11). Civilization as prominent as Islam, Confucianism and Africa have exercised human right ideas in history (Donnelly 2007, p. 286). Whereas western religious tenet has refused human right for some time in history (Donnelly 2007). Human right therefore, is not only western value but also rooted in other cultures.

Lastly, the objection of human right in the name of culture is merely considered an attempt of fulfilling one`s interest on certain issues (Tharoor 1999). Universalists are deemed lacking in respect to culture and diverse cultures have different views on human right thus universal human right cannot exist (Donnelly 2007) although UDHR is not only created by western countries but also developing countries including India, China, Chile, Lebanon and Panama (Tharoor 1999, p.3). Some of the most frequently contested right is women’s right which is actively raised (usually) by men (Tharoor 1999). Saudi Arabia mentions worldwide failure of the United Nations in protecting human right while it has the most severe human right violations especially regarding women rights (Hopgood 2014). Human right does not conflict cultures but violence in the name of culture (Tharoor 1999).

In addition, the former United Nations Secretary General Kofi Annan (1997) in his speech at University of Tehran states:

‘When have you heard a free voice demand an end to freedom? Where have you heard a slave argue for slavery? When have you heard a victim of torture endorse the ways of torturer?’

There is clearly no longer need to debate universality of human right particularly today when new challengers most notably ‘the nationalist, authoritarian and conservative-religious’ effort to bring down human right and evident worldwide violations (Hopgood 2014). It is time to move forward, find solutions to new challenges opposed to human right and develop universal formula for human right implementation than continually debate over its universality.

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