In 2006, United Nations Human Rights Council was tasked to establish a new human rights monitoring mechanism: Universal Periodic Review process. The objective of this process is to promote and protect the universality of all human rights issues and concerns via a dialogical peer review process. The primary aim of this investigation is to ask the following question: has this claim of promoting and protecting the universality of the human rights been met, or challenged, during state reviews in the UPR (...) process? The issue of polygamy has been selected as the focus for this investigation to be used, primarily, as a tool to undertake an in-depth analysis of the discussions held during state reviews in the review process. In addition, this paper will employ scholarly debates between universalism and cultural relativism, as well as the sophisticated and nuanced approaches that fall in between the polarised opposites, to analyse the discussions held on human rights during state reviews. Ultimately, the findings and discussion of this investigation will provide a unique and valuable insight to the work and operation of the UPR process, so far. (shrink)

This article demonstrates how critical realism can resolve persistent theoretical debates in the human rights literature. Critical realism is a philosophy of science that proposes a complex ontological framework to study causal relations. Methodological and theoretical decisions in research are always premised on some ontological presumption whether they are explicitly stated or not. However, much of the social sciences follow the discipline’s empiricist orthodoxy which often dismisses ontological inquiry. As a consequence, theoretical and methodological debates persist without scholars recognizing how (...) they reflect deeper ontological differences. I argue that this is the case with human rights research and demonstrate how critical realism can resolve tensions between universalism and relativism. Critical realism proposes that social relations resolve across multiple ontological levels. This ontological framework can illustrate how universal structures on one level can generate diverse human rights standards on another level relative to the cultural conditions that bring them about. (shrink)

Human need and related concepts such as basic needs have long been part of the implicit conceptual foundation for social work theory, practice, and research. However, while the published literature in social work has long stressed social justice, and has incorporated discussion of human rights, human need has long been both a neglected and contested concept. In recent years, the explicit use of human needs theory has begun to have a significant influence on the literature in social work.

In this paper I refute the chief arguments for cultural relativism, meaning the moral (not the descriptive) theory that goes by that name. In doing this I walk some oft-trodden paths, but I also break new ones. For instance, I take unusual pains to produce an adequate formulation of cultural relativism, and I distinguish that thesis from the relativism of present-day anthropologists, with which it is often conflated. In addition, I address not one or two, but eleven arguments for cultural (...) relativism, many of which contribute to its popularity but receive scant attention from its critics. To elicit the failings of these arguments I deploy a host of pertinent but often neglected distinctions. (shrink)