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Dec 6, 2023
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1
Nickolas Sarmiento
JHR 100
Universal Human Rights and Cultural Relativism.
Throughout the entirety of this course, we had a variety of lectures to watch, articles to
read, and discussion boards to complete. My all-time favorite module hands down were Module
5 prompt where we had two different pathway options to discuss different topics. I chose
pathway 1 to learn about the concern of intersecting phenomena of human rights problems as
well as how characteristics like health, gender, poverty and political violence play a part with
each other. I found that Module 5 was the most interesting to me to learn about due to the
importance of knowing what Structural violence is and how it affects Universal Human Rights as
well as Cultural Relativism.
Let us take this backwards and discuss the most recent module, the main idea of this
paper, Module 5. I loved learning all about what structural violence was as well as the
affiliations of the different “generations” of rights. Firstly,
structural violence,
is “institutional
arrangements often deeply lodged in the fabric of society through long developing historical,
political, and economical patterns that determines people’s life chances” (Hepner, 2023).
A few
examples that could go into play with what structural violence are poverty, racism, sexism, etc.
These examples are all social issues in the United States that contribute to structural violence as
these problems are deeply rooted and have historical, systemic, and institutional origins. They
present limited opportunities, racial profiling, health inequality, and many more issues.
Moving
on with the three different “generations” of rights, we learned by Paul Farmers work where he
co-founded PIH (Partners in Health) where they primarily focused on providing and addressing
healthcare in settings where resources where poor, particularly in Haiti and Rwanda.
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Nickolas Sarmiento
JHR 100
When discussing the “generations” of rights I'm referring to the categories of human rights
based on development and focus of history.
First Generation: Civil and Political Rights- Includes the right to life, freedom, personal
security, freedom of expression and participation in processes.
Second Generation: Economic, Social, and Cultural Rights-Includes the right to
education, healthcare, food security and adequate housing.
Third Generation: Solidarity or Collective Rights-Includes the right to the environment
and self-determination.
Paul Farmer thoroughly illustrates the interdependence between the different “generations” of
rights. He writes in
“On Suffering and Structural Violence: The View from Below”
the way that
difficulties in working with different cultures while trying to make human rights universal.
“
Often-cited examples range from female circumcision in the Sudan to head-hunting in the
Philippines” (Farmer, 1996). He gives these examples to highlight how cultural relativism was
questioned by citizens of those colonies. We can refer to these when discussing the “generations”
of rights where it’s difficult to enforce human rights universally when you are impeding certain
aspects of said rights by trying to change aspects of certain cultures.
When talking about “universal human rights” we learn a lot about the critiques of this within
communities from non-western regions in Module 4. The “SVS” metaphor is used to critique the
portrayal and perception of non-western societies as well as their struggles for human rights.
SVS stands for “Savages, Victims, and Saviors” which describes non-western states and
communities in three different dimensions and how each dimension is a metaphor. Savages are
viewed as states or societies that are uncivilized. Victims are the people part of the communities
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Nickolas Sarmiento
JHR 100
whose “dignity and worth” have been violated by the “savage” state, normally seen as
defenseless and in need of western protection (Mutua, 2001, p. 203). Now the saviors are usually
seen as the good angel who protects, vindicates, civilizes, restrains, and safeguards. (Mutua,
2001, p. 204).
This elaboration of what the “SVS” metaphor is very important when connecting
it to Module 5 due to the mentions of Rwanda being a “savage” state. As mentioned before
Rwanda was where Paul Farmer and PIH worked to improve the access to healthcare to the
citizens of that country. The US uses this to their advantage where they use their ideal of human
rights to look like “saviors” by comparing themselves to poverty countries like Rwanda. This
correlates with Paul Farmers statement of cultural relativism and structural violence as it
mentions the culture, the lack of opportunity and the health inequalities of the country.
Anthropologists, as learned in Module 3, were highly against the idea of universal human
rights based off the perspective of cultural relativism which plays a role in Paul Farmers writings
of the difficulties in making human rights universal. Anthropologists, in the 1940’s, believed that
it would be nearly impossible for universal human rights based on the differences of cultural
beliefs for example the debate of issues like violence against women was a huge issue where it
makes it difficult to come together to make something work. We learn of Sally Engle Merry
getting called to do an interview on a sexually assault situation where a young woman was
violently attacked, and gang raped with the authorization of a local tribal council. Sally states
“She wanted me to defend the value of respecting Pakistani culture at all costs, despite the
sentence of rape” (Merry, 2003, P.55). She then goes on to discuss how one culture’s idea of
torture, like the issue with the mutilation of female genitality, is the other cultures idea of a
tradition that should be respected and not changed. This is a great example as to how cultural
relativism causes conflict when discussing universal human rights.
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4
Nickolas Sarmiento
JHR 100
During Module 1, we are introduced to the “Four Schools” model of human rights with the
reading of Marie-Benedicte Dembours
“What are Human Rights? Four Schools of Thought”.
For short, Marie-Benedicte Dembour categorizes different approaches to human rights into four
types of schools: the natural law school, the deliberative school, the protest school, and the
discourse ethics school (Dembour, 2010, P.137-P.138). Out of each of these schools I discussed
how I felt like the protest school fit best with my attitude towards human rights. The reason I
chose this school specifically is due to my experience with protests that I have attended myself as
well as my belief in protests being the most impactful way of changing human rights. The
importance of discussing this specific module was throughout the course we learn more in depth
about the ways human rights differ from the variety of cultures and I believe that I changed my
thoughts on what I resonate more with the four schools. I feel now I resonate more with the
Deliberative School due to the number of discussions that are made before implementing human
rights. I now find it important to discuss and debate different issues with human rights
intersecting meaning of what “human rights” are within different cultures and how to make it
universal.
Finally, Module 2, my own opinion on the Universal Declaration of Human Rights (UDHR) and
whether I believe the human rights laws are “universal” or not. After reevaluating my own
discussion post as well as my fellow classmates I have concluded that the UDHR is not
universal. The reason for this conclusion is because states have the option to opt out of human
rights procedures which means the “state” can just pick and choose, for instance, what they want
to include in their version of “human rights” which takes away the purpose of “Universal Human
Rights”. I can apply this to Module 5 where the focus is on how the structural violence is a huge
problem with human rights being universal and the states being able to choose whether they want
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Nickolas Sarmiento
JHR 100
to want to participate in human rights procedures or not based on their own agenda seems to be
not universal at all.
In conclusion, Module 5 tied together the class very nicely and seemed to put everything in
perspective when looking back on the other modules that I have completed. Structural Violence
damages the meaning of “universal human rights” and is important when discussing these
matters as they exist and is a complicated process to fix due to culture relativism. By not giving
access to healthcare, fair job opportunities, etc., there is the issue of interfering with other
“generations” of rights. As I have learned through the entirety of this course without the access to
basic human rights or understanding that other cultures have certain traditions as well as different
understanding of what human rights consists of there seems to be an impossible existence of
“universal” human rights. What could change the world into coming together to genuinely make
a universal human rights ordeal that could be applied to all those of different culture
backgrounds, economic class, race, sexuality, gender, etc.? My answer is nothing. I believe every
country, every state, every person, has their own ideal of what human rights should consist of
and no matter what law is in place, no matter the advancements that are made, at least one person
will not be able to access these “universal” human rights. The hard reality of it all is there are
certain things out of control but that does not mean that making advancements are a waste of
time, by the continuation of trying to make human rights universal we are giving those in need of
healthcare as well as education and other necessities a chance at a better chance at life.
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Nickolas Sarmiento
JHR 100
References.
Dr. Tricia Redeker Hepner. 2023. “Key Problems – Part1”, Arizona State University, School of Social and
Behavioral Science.
Farmer, Paul. 1996. “On Suffering and Structural Violence: The View From Below.” Daedalus. Vol 125.No
1. Pp.261-283.
Farmer, Pau and Nicole Gastineau. 2002. “Rethinking Health and Human Rights.” Journal of Law.
Medicine and Ethics, 30:4
Mutua, M. W. (2001). "Savages, Victims, and Saviors: The metaphor of Human rights." Harvard
International Law Journal, 42, 201–246.
Merry, S. E. (2003, May). Human Rights Law and the Demonization of Culture (And Anthropology Along
the Way). Political and Legal Anthropology Review.
Marie Benedicte-Dembour, 2011, “What are Human Rights? Four Schools of Thought,” in Handbook of
Human Rights. Thomas Cushman, ed. Pp. 137-145
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