Abstract

If we investigate the concept of the universality of human rights, we realize that it is limited and invalid, and that it fails because it is too utopian and unreal. It is not a question of denying that there is a generic human essence, or criticizing human rights from a moral standpoint, but of showing that ‘human rights’ do not really have a universal basis. They are a part of history, and as such they vary according to societies and develop differently across space, time and moment. The values that underlie human rights are relative and evolving. They take distinctive forms according to cultures and social context, and are likely to be modified according to societies and periods. In other words, in this area there is no universal societal code that would be approved and recognized everywhere. Therefore the statement of rights cannot fail to be marked by their context. Each civilization has its codes and keywords influenced by its Weltanschauung. This paper attempts to place human rights texts in their historical and geographical context, and thereby demonstrate that there is nothing constant about them. They are dependent on cultures and collective imaginaries, national representations and social determinants, and rely heavily on their instrumentalization by states. For this reason we need to rethink the relationship between the particular and the universal in order to widen their humanistic base