An African Conception of Human Rights? Comments on the Challenges of Relativism

Human Rights Review 15 (3):329-347 (2014)
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Abstract

The belief that human rights are culturally relative has been reinforced by recent attempts to develop more plausible conceptions of human rights whose philosophical foundations are closely aligned with culture-specific ideas about human nature and/or dignity. This paper contests specifically the position that a conception of human rights is culturally relative by way of contesting the claim that there is an African case in point. That is, it contests the claim that there is a unique theory of rights. It analyses three examples of what often passes as African conception of human rights arguing that they have little or nothing to do with human rights, are simply inadequate or are not African in the sense at issue in a cultural relativism. Along the way, it distinguishes between two meanings of the term African contending that to the extent that the practice of prizing the ‘community’ higher than any other value is definitive of African, the idea of African human rights remains suspect.

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Oritsegbubemi Anthony Oyowe
University of KwaZulu-Natal

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