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1. D R. H ENRIETTA M ANN - believes that ―what is sacred to Native Americans will be determined by the government that has been responsible for doing everything in its power to destroy Native American cultures.‖ -President of the Cheyenne and Arapaho Tribes of Oklahoma - Chair of the Native American Studies Department at Montana State -Native people must now request permission to use their own sacred sites and, University. more often than not, find that those sites are in danger of being desecrated or - She reiterates the significance of the natural world to Native spiritual teaching.rated. - She believes that we have a spiritual responsibility to renew the Earth and weaditional Ecological Knowledge and Environmental Futures - discusses the foundation of traditional. Ecological knowledge and traditional do this through our ceremonies so that our Mother, the Earth, can continue to support us. legal systems and the implications of colonialism on these systems. -She wants humanity to realize that we can not only take from Mother Nature, - The challenges faced by the environmental movement and native peoples in but we also have to give back. building a common appreciation for what is common ground-Anishinaabeg Akiing-the people's land. - What is needed is a mutual respect between nature and humanity. 2. RELIGIOUS COLONIALISM 4. UN D ECLARATION OF HR - adopted by the United Nations General Assembly - A form of religious dominance - A disgraceful manifestation of colonizing the Native Americans. - It consists of 30 articles which have been elaborated in subsequent - The history of religious colonialism, including the genocide perpetrated by theernational treaties, regional human rights instruments, national constitutions Catholic Church and laws. - This UN declaration of HR, is ―as a common standard of achievement for all - Not allow non-Christian practices to be ignored or suppressed, such as Native rituals. peoples and all nations, to the end that every individual and every organ of - ―Native spiritual practitioners went deep into the woods or into the heartlandciety, keeping this Declaration constantly in mind, shall strive by teaching of their territory to keep up their traditions, always knowing that their job was toucation to promote respect for these rights and freedoms and by keep alive their teachers' instructions, and, hence, their way of life." progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States -This is still a problem, a wound that the Native community has not healed yet. themselves and among the peoples of territories under their jurisdiction.‖ 3. W INONA L A D UKE - Source - -She is an American Indian activist, environmentalist, economist, and writer. - LaDuke became an activist in Anishinaabe (Algonquin people) issues. 5. UIDHR - helped found the Indigenous Women's Network in 1985 and becoming involved in continuing struggles to regain reservation land that was lost. Universal Islamic Declaration of Human Rights, its significance: Mayer -Two of her articles that explain her standpoint - ―what is scared?‖ and i)takes the position that divine Revelation is the basis for ―legal and moral ―Traditional Ecological Knowledge and Environmental Futures‖ framework within which to establish and regulate human institutions and What is scared? relationships‖ (130),  for the authors of the UIDHR, divinely inspired texts enjoy primacy as the source of law ii)fallibility of reason and infallibility of revelation (130) Reason is then demoted, it is thought to be insufficient to provide the best plan for human life,  Right to choose religion and change it. Duty to promote peace among independent of God‘s guidance and inspiration. religions. iii)examples of government based on Islamic legal principles: Iranian Constitution, Cairo Declaration, Saudi Arabia (130-1), 7. C HRISTIAN D ECLARATION OF HR iv)emphasis on responsibilities, obligations & duties to God and Muslim community over individualism (131),  They do not accept the shift of modern - 1970 Meeting in Nairobi of the World Alliance of Reformed Churches thought from an emphasis on rights rather than duties. UIDHR says, our duties have priority over our rights‖. (WARC). Their study on HR as first step to Christian Declaration on HR.  Study was called Theological Basis of Human Rights and Liberation v)latter principle may sometimes but not always conflict w/ first generation - study is very conscious of Third World demands and reformed tradition rights as defined by ‗Western‘ based international law, vi)Brohi‘s critique of places right to live, nourishment, and work at the beginning of the list. Aware of ‗Western‘ first generation rights (132-34), vii)Mawdudi‘s argument re: subordination of individual to State & collective post colonialist struggles. Study says: before individual good as based on Qur‘an (134) people should fully 1) christian theology is of liberation cooperate and follow the state. 2) theology of liberation is of people viii)issue of conflating of human rights violations/abuses under international 3) theology of liberation is of the future law w/ theological justifications of protection of the state and rationalizations of  struggle for liberation is inherent to humans, and is the call of God. We have these abuses (135),  Therefore the UIDHR will deny some human rights even rights and responsibilities also for the future generations. if under international law to establish Islamic duties.  pursuit of HR is a pursuit to live befitting one in the image of God, which we ix)description of Islamic rights (136-7),  Mayer says: rights are appropriated all are, therefore pursuit of HR is inherent in us humans.  HR a gift and from pre-modern tradition, without thinking of modern human rights norms. demand of God x)issue of incompatibility of Islamic rights w/ rights & freedoms addressing religion and/or belief (137). 8. B ROHI 6. H INDU D ECLARATION OF HR  (From Mayer 132-133 and Hassan 363-364)  A.K. Brohi- a legal scholar and philosopher who served as a Federal  Sunday, June 27 , 1999. Hindu community at Hindu Mission of Canada in Montreal adopts this declaration. Minister in the Pakistan government. He gave a keynote address at a major international conference on HR in Islam held in Kuwait in 1980.  first acknowledges the past secularism and now resurgence of religion  Brohi says of universality of human rihtfundamental difference in in the world. views of human rights by West and Islam.  excluding world‘s religions in HR is wrong  -West is anthropocentric, ―man‖ centric VS Islam is God-conscious, where  rights are independent of duties in their protection, but integrally man exists to serve his Maker. related and correlated  -The rights of man in the west have no relation to God and secures a  rights can be ends and means.  hindus possess the natural right to pursue the good secular authority VS In islam human rights are theo-centric, through God and our duty to Him (emphasis on duties) do people acknowledge the rights  hindus subscribe to universal norms of 1-non violence (protection of every other man as the rest of God‘s creaiowe must follow god, against arbitrary conduct) 2- truth (innocent until proven guilty) 3- the prophet, and those appointed to govern the state (because state and non-appropriation (right to property) 4- purity (freedom from pollution) 5- self-restraint (privacy) people both obey divine law there should be no conflict).  -Islam: The individual if necessary has to be sacrificed to save the group.  Rights and duties: Collectivity.  To be treated as human, freedom of violence, food, life, shelter clothing, and a duty to support this.  Hassan  West is not as anthropocentric as he thinks because it is made up of many Jews and Christians who also believe in serving God.  No slavery or forced labour  Western human rights are there to protect against unjust state.  No torture, physical of menNo discrimination before the law based on any race, gender, sexual orientation, caste, class, nationality, sex  Mayer  Brohi ignores citizens of contemporary countries of urbanization and industrialization. He ignores the modern government which has more pull, and therefore rejects the idea that a state state and individual having 11. U NIVERSALISM conflict.  -This challenges 1 gen rights because it denies a right to choose religion, or the idea that there are some rights inalienable to us at birth, regardless ofOne of the characteristics of modern human rights, the idea that it is absolutely applicable to anyone, regardless of social status, race, gender or age. The other who we are two characteristic of the modern human rights being inalienable and equality. Universalism stresses on same for everyone; while Cultural relativism stresses 9. M AHATMA G ANDHI on specifics cultures, and until now, there is still a hot debate between scholars, and still couldn‘t decide which approach to adopt. . He is considered the father of the Indian independence Movement. He derived the concept of Satyagraha, that is, a non-violent way of protesting against 12. CULTURAL RELATIVISM injustices. Significantly, in terms of this course, he elucidates the movement against the belief that the ends pre-exist in the means (Gustafson Handout). He Cultural Relativism is a concept which describes the relation between a person insists on the inviolability of means derived in part from man‘s ability to and the civilization in which they are living in. The term holds that culture is exercise control over means, but never to command results. In essence, great emphasis is placed on the notion of non-violent means (resources) to achieve not something that is an absolute, is it not the same everywhere therefore it is relative. Due to this fact it follows that ideas and conceptions are true only so justice. EX. Response to 9/11 could have been different- the violent cycle needs far as they relate to and are exercised in the specific area. This view holds that to stop. Human rights abuses do not lead to justice. all beliefs, customs, and ethics are relative to the individual within their own social context. Cultural Relativism holds great importance in discussions of a common Human Rights initiative as tension can build between universal values 10. ‘THE MODERN EXPERIMENT ’ and cultural differences. Ayton-Shenker writes in his paper the challenges between human rights and cultural diversity explaining that cultural differences cannot be an excuse for overriding human rights. **The idea to live without religion, which has failed.** The existentialist, Albert Camus, argues that if there is no faith, there can be no 13. OVERLAPPING CONSENSUS hope for us, and if there is no hope for us, then we are all doomed to despair. ―Up till now everyone derived their coherence from their Creator. But from the A term coined by John Rawls in Theory of Justice and developed in Political moment that (we) consecrate (our) rapture with God, (we) find (our)selves Liberalism. delivered over to the fleeting moment, to the passing day, and the wasted sensibility.1 Fritz Schumacher, summed up our contemporary sense of ―wasted The term refers to how supporters of different comprehensive doctrines can sensibility‖ by saying, simply, that it showed that ―the modern experiment to agree on a specific form of political organization. These doctrines can include live without religion has failed‖. Schumacher believes that our only chance of religion, political ideology or morals. However, Rawls is clear that such any success in developing the communities we need for survival, is by getting political agreement is narrow and focused on justice. This consensus is reached, back into religion, and reconnecting with others, through the Other, once again. in part, by avoiding the deepest arguments in religion and philosophy. According to Schumacher, our problems are not essentially political or The overlapping consensus ―depends, in effect, on there being a morally economic. They are relational. The problems with our political economy are a significant core of commitments common to the ‗reasonable‘ fragment of each consequence of the unresolved conflicts in our communities. Schumacher says of the main comprehensive doctrines in the community‖. we can only build a better world if we begin to deal with our alienation from (i.e. Basic Human Rights) God, from one another, and from ourselves, by rediscovering our capacity to – (1) ‖ act as spiritual beings; that is to say, to act in accordance with (our) moral impulses as human beings.‖ (2) ‖ act as social beings; that is to say to act in 14. B UDDHIST 5 LAY PRECEPTS accordance with (our) communal impulses as human beings.‖ (3) ‖ act as persons; (that is to say), as autonomous centres of power and responsibility. Constitute the basic Buddhist code of ethics, undertaken by lay delight here and there, that is, craving for sensual pleasures, craving followers (Upāsaka and Upāsikā) of the Buddha Gautama in the Theravada as for existence, craving for extermination." well as in Mahayana traditions. 3. "This is the noble truth of the cessation of dukkha: it is the remainderless fading away and cessation of that same craving, the giving up and 1. "Do not kill." (Unintentional killing is considered less offensive) relinquishing of it, freedom from it, nonreliance on it." 2. "Do not steal." (Including misappropriating someone's property) 4. "This is the noble truth of the way leading to the cessation of dukkha: it is the Noble Eightfold Path; that is, right view, right intention, right speech, 3. "Do not engage in improper sexual conduct." (e.g. sexual contact not sanctioned by secular laws, the Buddhist monastic code, or by one's right action, right livelihood, right effort, right mindfulness and parents and guardians) right concentration." 4. "Do not make false statements." (Also includes pretending to know something one doesn't) 16. D ECLARATION OF INTERDEPENDENCE 5. "Do not drink alcohol."  The Declaration of Interdependence consists of: 15. F OUR N OBLE T RUTHS 1. Human rights need religion as the most widely accepted source of moral foundation of political community and for the mobilization of believers in particular The Four Noble Truths are regarded as the central doctrine of the Buddhist 2. Religion needs human rights not only to protect the human dignity and tradition, and are said to provide a conceptual framework for all of Buddhist thought. These four truths explain the nature of dukkha(Pali; commonly rights of believers themselves, but also to ensure freedom of belief and translated as "suffering", "anxiety", "stress", "dissatisfaction"), its causes, and practice, as well as the general development and relevance of each religion to its own adherents how it can be overcome. 3. Human Rights need secularism for the political stability and peace among According to the Buddhist tradition, the Buddha first taught the four noble communities of believers and non-believers that are necessary for the truths in the very first teaching he gave after he attainedenlightenment, as protection of these rights recorded in the discourse Setting in Motion the Wheel of the Dharma (and he 4. Secularism needs human rights for practical normative guidance if the daily further clarified their meaning in many subsequent teachings. protection of people against the abuse of powers of state The four noble truths are: 5. Secularism needs religion as the most widely accepted source of moral guidance for political community as well as the means of satisfying the spiritual needs of believers within that community 1. The truth of dukkha (suffering, anxiety, dissatisfaction) 6. Religion needs secularism to mediate relations between different 2. The truth of the origin of dukkha communities within the same political sphere 3. The truth of the cessation of dukkha 4. The truth of the path leading to the cessation of dukkha 17. C OMPASSION The four truths are presented within the Buddha's first discourse, Setting in  Is the understanding and empathy for the suffering of others Motion the Wheel of the Dharma.  A fundamental part of human love for others  Social connection with others around you and is connected with humanism 1. "This is the noble truth of dukkha: birth is dukkha, aging is  Connected with Golden Rule, which world religions believe in: do onto dukkha, illness is dukkha, death is dukkha; sorrow, lamentation, pain, grief others what you would have them do to you and despair are dukkha; union with what is displeasing is dukkha;  In Hinduism it is referred to as daya: one of the three virtues in Hinduism  In Judaism: God is the compassionate figure, importance of Golden rule separation from what is pleasing is dukkha; not to get what one wants is dukkha; in brief, the five aggregates subject to clinging are dukkha."  In Buddhism: compassion is significant towards the 4 Noble Truths 2. "This is the noble truth of the origin of dukkha: it is this craving which  In Christianity: God is the center of compassion, importance of relational leads to renewed existence, accompanied by delight and lust, seeking care  In Islam: zakat: a toll tax to help the poor and needy (example of compassion) Thich Nhat Hanh is a Vietnamese Zen Buddhist monk, teacher, author, poet and  Compassion by definition is a feeling of deep sympathy and sorrow for peace activist. He lives in the Plum Village Monastery in Dordogne region in South of France and regularly travels internationally to give retreats and talks. another who is stricken by misfortune, accompanied by a strong desire to alleviate the suffering. He is known as the spiritual teacher who founded the Unified Buddhist Church  Morality essentially stems from compassion. in Franche in 1969 during the Vietnam war. He is also known for founding the Van Hanh Buddhist University in Saigon and the School for Youths of Social Services in Vietnam. When not travelling the world to teach, ―The Art of 18. INTER -RESPONSIBILITY Mindful Living,‖ he teaches, writes and gardens in Plum Village, France- a Buddhist monastery for monks, nuns and a mindfulness practice centre for lay  Having a capacity for moral decisions and therefore accountable for people. Thich Nhat Hanh‘s sangha in France is usually referred to as Plum your actions Village Sangha.  For example: obeying the regulations of law would be a person‘s responsibility. Another example in religious context would be obeying He is a graduate of the Bao Quoc Buddhist Academy in Central Vietnam and he the 10 Commandments received training in Zen and the Mahayana school of Buddhism. Thus, he was ordained as a monk in 1949. He is a long-term exile, who was given permission to return to Vietnam in 2005. Thich Nhat Hanh is well known for publishing 19. XIV TH D ALAI L AMA more than 100 books, including 40 in English. He is also active in the peace movement as he promotes non-violent solutions to conflict.  Head of state and spiritual leader of Tibet, a Buddhist monk  Set a positive tone for the contribution that the spiritual and moral Martin Luther King Jr nominated Nhat Hanh for the Nobel Peace Prize in 1967- resources of the world religions could bring to human rights in the but he did not win it. However, he was awarded the Courage of Conscience secular and political world award in 1991.  In 1963 His Holiness presented a draft democratic constitution for Tibet that was followed by a number of reforms to democratise our 21. P AYUTTO administrative set-up. The new democratic constitution promulgated as a result of this reform was named "The Charter of Tibetans in Prayudh Payutto is a well-known Thai Buddist monk, an intellectual, and a Exile". prolific writer. He is among the most brilliant Buddhist scholars in the Thai  The charter enshrines freedom of speech, belief, assembly and Buddhist history. He authored Buddha Dhamma, which is acclaimed to as one movement. It also provides detailed guidelines on the functioning of of the masterpieces in Buddhism that puts together Dhamma and natural laws the Tibetan government with respect to those living in exile. by extensively drawing upon the Pali canon, Atthakatha, Digha etc to clarify  In 1992 His Holiness issued guidelines for the constitution of a futureBuddha‘s verbatim speech. free Tibet. He announced that when Tibet becomes free the immediate task would be to set up an interim government whose first Payutto is known for lecturing and writing extensively about a variety of topics responsibility will be to elect a constitutional assembly to frame and related to Buddhism, including the position of women in Buddhism and the adopt Tibet's democratic constitution. On that day His Holiness would relationship between Buddhism and the environment. He was awarded the 1994 transfer all his historical and political authority to the Interim PresUNESCO Prize for Peace Education. and live as an ordinary citizen.  He is an example if a leader that spoke for people‘s rights and he was Since monastic title changes over time, Payutto has been known by, and an advocate for peace in Tibet published undera variety of different names over his career. Previosly- Phra  1989 was awarded with a Nobel Peace Prize for non-violence for the Rajavaramuni, Phras Dhevedhi, Phra Dhamapitaka. struggle of liberating Tibet 22. 1993 UN V IENNA HR C ONFERENCE 20. T HICH N HAT H ANH The World Conference on Human Rights was held by the United Nations in Suu Kyi received the Rafto Prize and the Sakharov Prize for Freedom of Vienna, Austria from the 14 to the 25 of June 1993. It was the first human Thought in 1990 and the Nobel Peace Prize in 1991. In 1992, she was awarded rights conference held since the end of the Cold War. The main result of the the Jawaharlal Nehru Award for International Understanding by the government conference was the Vienna Declaration and Programme of Action. The Vienna of India and the International Simon Bolivar Prize from the government of conference was only the second global conference to focus exclusively on Venezuela. In 2007, the Canadian government made her an honorary citizen of human rights, with the first being the International Conference on human rights that country, the fourth person ever to receive this honor. held in Iran in 1968- to mark the 20 anniversary of the Universal Declaration of Human Rights. These types of conferences were seen as a way to promote 24. D ALIT global participation, consultation and policy formation and were seen as a significant way to influence the direction of international society. Refers to the oppressed or ‗broken‘ caste in Hinduism by religious justification. The ―Hindu religion and Hindu dharma endorse a hierarchical complimentarity The notion of having a world conference on human rights was first proposed in so that people have different but complementary roles within the society based 1989. The end of the cold war brought about the hope that the long distortion of on caste, gender and life stage. Relationships between people of different castes United Nations behaviours due to the bipolar superpower confrontation would are hierarchically defined. Ambedkar was born a Dalit but refused to abide by stop. the hierarchial rules. He tried to open temples to members of ever caste including the untouchables (dalits). Dalits believe it is their dharma to be The World Conference on Human Rights was attended by representatives of oppressed and poor in life because they must have done something bad in a 171 nations and 800 NGOs-it was the largest gathering ever on human rights previous life. Ghandi discussed the Hindu hierarchy in terms of the body where and was organized by Human Rights expert, John Pace. The conference had an the Dalits the feet (lowest of the chain and have to do the hardest word) while expansive view on human rights with the normal political and economic rights, the Brahmins are the head indigenous peoples‘ rights, minority rights, etc. Womens rights were particularly present in the conference. —The lowest-ranking caste in India's caste system. —Not made up of one distinct ethnic group, but a variety of different linguistic The only flaw was when the Western nations who proclaimed the universal and cultural and ethnic groups. meaning to human rights versus nations who said that human rights needed to —Historically considered ―untouchable‖, widely discriminated against. be interpreted differently in Non-western cultures and that attempts to impose a —However, levels of employment and health care are now similar to general universal definition amounted to interference in their internal affairs. population's levels of same, and a Dalit president was elected in 1997. —Some argue that caste system is inherently discriminatory and thus oppose The result of the World Conference on Human Rights was the Vienna Hinduism with human rights. Declaration and Programme of Action. It established the interdependence of —Others such as Nancy Martin in Rights, Roles, and Reciprocity in Hindu democracy, economic development and human rights. By the early 2000s, all of Dharma argue that the caste system offers a kind of complementarity. Since we the establishments recommended by the Vienna Declaration and Programme of can't live in an equal society, maybe we can live in one where different kinds of Action had been met in full or in part people are encouraged to pursue the kinds of happiness that are attainable to them. 23. A UNG S AN S UU K YI —Nancy Martin says this isn't the same as a segregationist ―separate but equal‖ approach, it argues that all kinds of humanity are equal in dignity, and part of Aung San Suu Kyi is a Burmese opposition politician and chairperson of the the equal dignity of humanity is the different kinds of humans. National League of Democracy (NLD) in Burma. In the 1990 general election, the NLD won 59% of the national votes and 81% of the seats in parliament. She 25. A RTICLE 29, UNDHR had however, already been detained under house arrest before the elections. She remained under house arrest in Burma for almost 15 of the 21 years from 20  Declaration adopted by the United Nations General Assembly on 10 th December 1948 in Paris July 1989 until her most recent release on the 13 of November 2010 becoming  Declaration arose directly from the experience of the second world war and one of the world‘s most prominent political prisoners. represents the first global expression of rights to which all human beings are inherently entitled  Consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national —Examples of the latter include Unitarian Universalism, a kind of post- constitutions and laws Christianity which dictates that any religion is a path to the truth. Pluralism is  Part of the International Bill of Human Rights along with the ICCPR also an explicit strain in many religions including Hinduism and the Baha'i  In 1976 the Bill took on the force of international law Faith. Can take the form of progressivism, the doctrine that religious truth is Article 29: gradually revealed by different prophets in different religions. Even the Catholic  Everyone has the duties to the community in which alone the free and full Church has taken —Even the Roman Catholic Church took a step in this direction with Vatican II, development of his personality is possible  In the exercise his rights and freedoms, everyone shall be subject only to which declares that other Christian communities may possess elements of such limitations as are determined by law solely for the purpose of securing ―sanctification and truth‖. —The UNDHR's secular language, for some, is a way of allowing religious due recognition and respects for the rights and freedoms of others and of pluralism, by excluding any particular religious language that might lead to the meeting the just requirements of morality public order and the general welfare in a democratic society legal sanction of one kind of religion over another.  These rights and freedoms may in no case be exercised contrary to the 29. RELIGIOUS EXCLUSIVISM purposes and principles of the United Nations 26. A MBEDKHAR Secular Rights and Religious Responsibilities (Joseph Runzo; WR 9-26) • religion is now often seen as a divisive force; ref. A. An-Na‘im: the key —B.R. Ambedkar was a jurist, philosopher, teacher and revolutionary most feature of religion in this specific sense is the exclusivity of the famous for opposing the caste system, and Hinduism for promoting it. community of believers, as defined by its own religious faith and —He wrote in a declaration: ―If you want freedom, change your religion.‖ practice. —He wrote this at a time when discrimination against the lower castes was • While the author recognizes the problematic exclusivist tendencies in much worse than it is today. religion, he asserts that the notion of human rights without the —Encouraged the promotion of rights language in India, and converted to counterbalance of articulated responsibilities toward others is just as Buddhism, which started a Buddhist transformation in India, where thousands problematically exclusivist. Moreover, religious worldviews, while of Dalits became Buddhist. producing a communal solidarity in their specifics, can take a non- —In our reading Nancy Martin acknowledges that some of his criticisms of the exclusivist outlook regarding other communities by encouraging one of system are valid, but ultimately disagrees with him. the following three views: • religious inclusivism: only one world religion is fully correct, but 27. HUMAN DIGNITY other world religions participate in or partially reveal some of the truth of the one correct religion. • religious pluralism: ultimately all world religions are correct, each The ―single body of beliefs‖ was set out in the Preamble Article 1 of the offering a different path and partial perspective vis-a-vis the one UNDR, which affirmed that ―the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice Ultimate Reality. and peace in the world. • henofideism: one has a faith commitment that one‘s own world religion is correct, while acknowledging that other world religions Respect for human rights and human dignity is essential in all times and places, may be correct. the UNDR insisted, and must be respected by and for all persons and peoples. • Exclusivism simply does not take into account the degree to which all religious truth-claims are human constructs, subject to the limitations and 28. PLURALISM fallibility of the human mind. When religious exclusivism is conjoined with the political power of the —The political belief in tolerance between different and co-existing religious • groups, OR religious practices which acknowledge the validity of different state, the result is religious egoism - the idea that what is right for a particular religious community in society is right for all members of spiritual paths. society. Global justice requires that humans be freed from the tyranny of —Examples of the former include the Ottoman Millet system, modern Human Rights talk. religious egoism as much as from the tyranny of non-religious forms of ideological exclusivism. • Inclusivism, pluralism, and henofideism are more conducive to the espoused in the West‖. Sen even stated a German Candian friend of his had possibility of a universal religious ethic > ‗everyone has the duty to pointed out that ―asian values‖ are very much like ―the protestant work ethic‖ promote peace and tolerance between different religions and ideologies; once one has moved beyond exclusivism, what will remain is the - Sen also pointed out that strong advocates for ‗Asian Values‖ usually tend to willingness to relate to and to treat all others equally as spirits. be leaders and not oppressed peoples. That the argument that the declaration is merely in place to press for western priorities can often be found more likely to 30. HENOFIDEISM justify the curbs placed on freedom of those they rule. henofideism: one has a faith commitment that one‘s own world religion is - Twiss pointed out that while it was true that much of the Declaration was correct, while acknowledging that other world religions may be correct. dominated by the language of western legal tradition that the mutual agreement REFER TO RELIGIOUS EXCLUSIVISM of protection of values and proscription of certain acts was not simply a Western moral judgment. In fact many politicians and statesmen from asia were 31. A SIAN V ALUES D EBATE glad to be part of United Nations debates involved in the formulation of international Human Rights. - Asian values are discussed in chapter 3 of the Mahoney text. (p104- - An Indian delegate claimed that there is one great reality, one fundamental factor, one eternal verity, which all religions teach. - This is a set of values largely seen as the primary competitor of human rights, for the place of a set of universal human values. - Shirin Ebadi insisted that Islam and Human Rights should be compatible. - An idea was put forth by a Malaysian Prime Minister that the UN Declaration of Human Rights should be revised to better reflect the concerns of ―developing - Dr Chan a Chinese delegate claimed that European thinking on Human Rights nations‖ was in fact influenced by Chinese thought. Claiming that Voltaire, Quensay, and Diderot had been influenced by Chinese philosophy in their humanistic - ―Asian Values are different from those of the West and should be respected.‖ revolt against feudalism. For this reason among others he claimed that the final (columnist in the manila chronicle) form of the Universal Declaration would be most affective in a humanization of all man kind. - ―if we accept the concept of Asian Values, we have to deny the universality of human rights.‖ (Chris Patten the outgoing govenrnor of HongKong) - The Vienna Convention ―made it clear that human rights – civil, cultural, economic and political – are interrelated, interdependent and indivisible.‖ At the beginning of the Vienna convention the Chinese delegation had made claims o Although the idea of revising and adding to the Universal Declaration is not a completely impractical idea, the idea in the statement by Chris Patten puts that Human rights were an attempt to push a western agenda and that asian nations should be excused from some of the mandates. These objections were Asian Values in direct opposition of the vision of universal human rights. however withdrawn in the end. - Amartya Sen said that ―Asian‖ covers a vast and very diverse (heterogeneous) - Human Rights Watch dismissed the idea that there was in fact a separate region, which has very uneven development. He concludes that ―Asian Values‖ ―Asian concept of human rights‖. Some asian leaders rebuttal was that ―Asian is an overgeneralization. Modern advocates for ―Asian Values‘ have been people prefer order to Freedom‖ as it was a clearer path to economic basing their arguments on a very narrow and inadequately representative selection of authors and traditions. advancement. However the HRW said that at close examination most setbacks in parts of Asia in economic growth and advancement and environmental setbacks were often largley due to suppression of freedoms of expression and - It was also pointed out by a hong kong banker as well as Sen in the Mahoney association resulting in a lack of accountability of governments to their people. text that values within modern and traditional Asia are constantly in conflict. As a consequence ―the Asian threat to the universality of human rights lost its Beyond that the point was also made that ―no one has yet demonstrated credibility.‖ adequately that the values labeled ‗Asian‘ are so very different from those long understanding and a set of rational norms to be aspired to, and not something 32. D ALAI L AMA that is necessarily operational in complete form in the real world. Provides a common religiously natural language of last resort in regard to the The Dalai lama is significant figure to Tibetan history. He led the Tibetan government in exile, and called on the Chinese government to respect the rights regulation of force. The fact the public reason is conceived of as freestanding by of Tibetan people. He also lead various ex-patriot Tibetan activist groups, being independent of any comprehensive religious or other doctrine implies that the idea is secular in a limited sense. Officially, it neither authorized nor which consistently made their case to the global community by naming and authorized by any religious position, and commitment to tolerance of diverse publicizing human rights abuses in Tibet. religious and other convictions so long as adherent to those convictions agree to 33. D ESMOND T UTU live in accord with the constitutional essentials presupposed by the idea of public reason. It refers to a common mode of deliberation that individuals may use for issues of public concern. The concept implicitly excludes certain He is a social rights activist and Anglican bishop from South Africa. He use his assumptions or motivations that are considered improper as a basis for public high profile to fight for human rights, AIDS, tuberculosis, poverty, racism, decision-making, even as a person may apply them in personal decisions that do sexism, he receive a noble prize 1984 and Gandhi Prize 2007. not have a significant impact on the public. His notion of ―a rainbow people‖ accommodate and protecting the rights of John Rawls considers it to be applied in general to the conduct of official self-determination of religious communitas within the political structure of the forums, and to highest court constitution democracy with judicial review. It‘s a body politic after all the interest of the state. common framework of communication based on values each citizen can reasonably expect others to endorse. He stressed that the public reason is an 34. J OHN R AWLS idea, consisting of an understanding and set of rational norms to be aspired to and not something that not necessary operational to complete form in real world. Shares a status of equal citizenship He is an American political philosopher, develops a theory of justice. He might organize political participation via consultation hierarchies rather than elections. However, no well-ordered peoples may violate human rights or 36. REASONABLE PLURALISM behave in an externally aggressive manner. Human declarations understood their relation to Rawl‘s public reason. A term coined by John Rawls whose theory of justice as fairness envisions a He believes that the government should be given the responsibility to help and society of free citizens holding equal basic rights cooperating within an protect human rights of economic reasons, to ensure that these societies could egalitarian economic system. His account of political liberalism addresses the maintain liberal or decent political institutions. Rawls also claimed, legitimate use of political power in a democracy, aiming to show how enduring unity may be achieved despite the diversity of worldviews that free institutions controversially, that violations of human rights can legitimize military intervention in the violating states, though he also expressed the hope that such allow. societies could be induced to reform peacefully by the good example of liberal Rawls's account of the reasonable citizen accords with his view of human and decent peoples. nature. Humans have at least the capacity for genuine toleration and mutual respect. This capacity gives hope that the diversity of worldviews in a He didn‘t suppose a notion of equal inherent rights, thus the only plausible alternative is theistic convection. Regard religious liberty versus gender democratic society may represent not merely pluralism, but reasonable equality, Rawls describes the notion the religious freedom has been considered pluralism. Rawls hopes, that is, that the religious, moral, and philosophical a fundamental freedom as one of the fixed points of our considered judgments doctrines that citizens accept will themselves endorse toleration and accept the of justice. essentials of a democratic regime. In the religious sphere for example a reasonable pluralism might contain a reasonable Catholicism, a reasonable 35. PUBLIC REASON interpretation of Islam, a reasonable atheism, and so on. Being reasonable, none of these doctrines will advocate the use of coercive political power to impose conformity on non-believers. Public Reason → is applying the conduct of official forums on an institutional level, it is a common framework of communication based on values each citizen The possibility of reasonable pluralism softens but does not solve the problem can reasonably expect others to endorse –it is an ideal consisting of an of legitimacy: how a particular set of basic laws can legitimately be imposed on a diverse citizenry. For even in a society of reasonable pluralism it would be liberal orientation) or restricted (the national orientation), depending on the unreasonable to expect everyone to endorse, say, a reasonable Catholicism as politics of the day. the basis for a constitutional settlement. Reasonable Muslims or atheists cannot be expected to endorse Catholicism as setting the basic terms for social life. 39. L EVITICUS 19:18 Nor, of course, can Catholics be expected to accept Islam or atheism as the fundamental basis of law. No comprehensive doctrine can be accepted by all ―‗Do not seek revenge or bear a grudge against anyone among your people, but reasonable citizens, and so no comprehensive doctrine can serve as the basis for love your neighbors yourself. I am the ORD . the legitimate use of coercive political power. Yet where else then to turn to find the ideas that will flesh out society's most basic laws, which all citizens 40. NATURAL HUMAN RIGHTS will be required to obey? There is only one source of fundamental ideas that can serve as a focal point To understand natural human rights, one must distinguish between natural and for all reasonable citizens of a liberal society, which is the society's public political culture. The public political culture of a democratic society, Rawls legal rights. Natural rights are not contingent upon laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable. says, ―comprises the political institutions of a constitutional regime and the Legal rights on the other hand are bestowed on a person by a given legal public traditions of their interpretation (including those of the judiciary), as well system. as historic texts and documents that are common knowledge‖.Rawls looks to fundamental ideas implicit, for example, in the design of the society's In our lecture readings, different religions seem to have a different opinion government, in the written constitution that specifies individual rights, and in towards universal rights, some may agree, but some may not. One of the biggest difficulties that is being encountered by natural human rights is the doctrine of the historic decisions of important courts. These fundamental ideas from the ―Asian Values‖, which indicates that human rights are based on Western beliefs public political culture can then be crafted into a political conception of justice. and that it is not applicable. But from our readings, we have realized that most of the religious leaders refutes the doctrine of Asian Values, and emphasizes the 37. ‘THIN APPROACH ’ necessity of human rights. Examples can be drawn from Dalai Lama as well as Aung San Suu Kyi. 38. T ALAL A SAD 41. IMAGO DEI Asad has made important theoretical contributions to post-colonialism, a Latin word meaning the image of God, and concept and theological doctrine Christianity, Islam, and ritual studies and has recently called for, and initiated, anthropology of secularism. he creates clearings, opening new possibilities for in Abrahamic religions, including Christianity, Judaism, and Islam. Idea came from the Genesis, where God created human beings under the ―imago dei‖ the communication, connection, and creative invention where opposition or studied image of God. indifference prevailed. Asad sees that: 1. Secularism is not merely the division between public and private realms that 42. M AWDUDI allows religious diversity to flourish in the latter. It can itself be a carrier of Mawdūdī, Abūʾl-Aʿlā, (born Sept. 25, 1903, Aurangābād, Hyderābād state harsh exclusions. And it secretes a new definition of "religion" that conceals [India]—died Sept. 22, 1979, Buffalo, N.Y., U.S.), , journalist and some of its most problematic practices from itself. 2. In creating its characteristic division between secular public space and fundamentalist Muslim theologian who played a major role in Pakistani politics. religious private space, European secularism sought to shuffle ritual and The son of a lawyer, Mawdūdī was given a traditional Islamic education at discipline into the private realm. In doing so, however, it loses touch with the home in order to shield him from Western influences. In his adult years he ways in which embodied practices of conduct help to constitute culture, became convinced that Muslim thinkers must be freed from the hold that including European culture. Western civilization had over them, in favor of a code of life, culture, and 3. The constitution of modern Europe, as a continent and a secular civilization, political and economic system unique to Islam. When Pakistan split off from makes it incumbent to treat Muslims in its midst on the one hand as abstract India in 1947, his efforts were instrumental in guiding the new nation away citizens and on the other as a distinctive minority either to be tolerated (the from the secularism of Western governments, and toward the formation of an Islamic state. Persistently Mawdūdī found himself in opposition to the Pakistani government. He was imprisoned from 1948 to 1950 and again from 1953 to a lay condition. But in recent times, especially in France, the word lay has 1955 and was under a sentence of death for a period in 1953. assumed a decidedly anti-clerical and even anti-religious meaning, which has extended also to the derivatives laicize and laicization. This change seems to Mawdūdī wrote on a very broad range of topics, including philosophy, Muslim jurisprudence, history, economics, sociology, and theology. He is best known have originated in the struggles and controversies, at once religious and for the thesis that God alone is sovereign, not human rulers, nations, or customs. political, that have arisen in that country in connection with the educational question; teachers belonging Political power in this world exists in order to put the divinely ordained to religious congregations(congréganistes) have been driven from the principles of the Sharīʿa (the Islamic legal and moral code) into effect. Since public schools; all religious instruction has been forbidden therein, and this Islam is a universal code for human life, moreover, the state must be all- embracing and must be left in the hands of Muslims, though non-believers new lay character (laïcité) of the public school has been declared to be essential and inviolable. The expression, once current, has received a should be allowed to live within the state as non-Muslim citizens. Since all formidable extension and an aggressive anti-religious meaning applied to Muslims share the same relationship to God, this state must be what Mawdūdī everything relating, whether more or less remotely, to the Catholic Church and called a ―theo-democracy,‖ in which the whole community is called upon to interpret the divine law. even to religion in general. So it is usual to designate as "laicized" any institution withdrawn from the influence of ecclesiastical or religious authority, or from which the priest and his ministry have been excluded. Mawdudj‘s main political concern with regard to duties seemed to be how to preserve the power of the state (Mayer 134). 45. FRAGMENTED UNIVERSALITY 46. H INDUTVA Main arguments: 1. Subordination of individual to State & collective before individual good as 47. T OLERANCE based on Qur‘an (134) 2. issue of conflating of human rights violations/abuses under international law w/ theological justifications and rationalizations of these abuses (135) Tolerance is is an attitude of mind that implies non-judgmental acceptance 3. description of Islamic rights (136-7), x)issue of incompatibility of Islamic of different lifestyles or beliefs, separate from Toleration which is the practice of deliberately allowing or permitting a thing of which one rights w/ rights & freedoms addressing religion and/or belief (137) disapproves. In a religion context tolerance is the starting point for 43. U PENDRA B AXI dialogue, in that it asserts a live-and-let-live understanding of other religions, and demands that religions do not violently impose their value systems on members of other communities. The United Nations General Born November 9, 1938. He is a legal scholar, since 1996 Professor of Law in Development at the University of Warwick, United Kingdom. He has been the assembly passed a declaration on the elimination of all forms of intolerance Vice Chancellor of University of Delhi (1990–1994), prior to which he held the and discrimination based on religion or belief in 1981, requiring all people, position of Professor of Law at the same University for 23 years (1973–1996). religions and states recognize the freedom of each individual to have their own religious beliefs and practices. He as also served as the Vice Chancellor of the University of South Gujarat, Surat, India (1982–1985).Professor Baxi's areas of special expertise in teaching and research include comparative constitutionalism, social theory of 48. A RVIND SHARMA human rights, human rights responsibilities in corporate governance and Arvind Sharma is a professor of Hinduism and world religions at the business conduct, and materiality of globalization. University of McGill specializing in the role of women in religion. He has 44. L AICIZATION argued that human rights do not simply arise out of written laws, but are an extension of human dignity. For Sharma, Human dignity should be a key facet in human rights discourse because The term laity signifies the aggregation of those Christians who do not form part of the clergy. Consequently the word lay does not strictly connote 1)Human dignity is a product of the successful assertions of human rights. any idea of hostility towards the clergy or the Church much less 2)Human dignity could be regarded as a partner-concept of human rights. towards religion. Laicization, therefore, considered etymologically, simply 3)Human dignity could also be regarded as the source of human rights (From ―Dignity as the Foundation of Human rights Discourse‖) means the reducing of persons or things having an ecclesiastical character to he also outlines the four western bases of human rights as The Legal, although they have rejected the equality provisions that are at its heart. Many Moral, Ethical and Religious than compares them to a Hindu parallel found other countries have made reservations to the Women‘s Convention, but the in four axiological orientations karma, artha, dharma, and moksha. Of these four orientations, Sharma Islamic reservations along with the Israeli, Indian and UK reservations, which protect the laws of religious communities are the only ones based on religious argues that Hindus ground their understanding of human rights in Dharma. grounds. 49. DHARMA (B UDDHIST CONTEXT ) RH TEXT 164- 166 Dharma is derived from a Sanskrit term meaning ―To Uphold‖ and has the -The interactions of equality with freedom of conscience can be complex. connotation of adherence to certain universal laws or rules laid out by Where a regulation contains exceptions calculated to avoid burdening some Gautama Buddha. As such, what the west calls ―Buddhism‖ is often referred to in South Asia, as Buddha-dharma. It may also refer to people on secular grounds, equality can support the argument that religious objections must be equally accommodated. A commitment to equality may have constituent factors of human experience or of the entire material and mental world. It has been argued by some Buddhist scholars that while Human the effect, at least initially, of expanding freedom of conscience to encompass Rights contains within it certain expectations of nations states and societies, secular as well as religious manifestations of conscience. But whichever way it the Dharma, (being the teachings of Buddha) has a principle of inter- runs it may, the expansion may render the enlarged commitment conceptually responsibility. Ven. U Rewata Dhamma argues that the universality and awkward or even incoherent and it may also make the commitment to freedom inseparability of human rights may be understood a.s reflecting the of conscience untenable as a practical matter. universality and inseparability of inter-responsibility emerging from 208 Dharma. -Equality as ―rights protecting‖ links the non-discrimination principle to access to ―public goods‖ and focuses on the ―distribution of the public good, rather 50. NON -VIOLENCE than the characteristics of the receipt, except for the purpose of justifying different treatment.‖ ―The principle is essentially that in the distribution of the Non-violence refers generally to the notion of abstention from violence because ‗public good‘, equals should be treated equally, except where differences can be of moral or religious principle. It is a strategy for social change that rejects thejustified.‖ use of violence, but at the same time, regards nonviolent action as an alternative to passive acceptance of oppression or armed struggle against it. -Equality as preventing ‗status harms‘ arising from discrimination on particular grounds shifts focus of attention from ―public good‖ to discrimination suffered Remaining relevant to the course, the Gustafson handout discusses the aim of by people holding, or perceived as holding, particular characteristics such as non-violence or satyagraha. Essentially, the indivisibility of means and ends race or gender. follows from the axiom that violence, even where seemingly justified, only -Equality as provocative promotion of equality of opportunity between leads to more violence. The destructive strategies and war mentality integral to particular groups. The equality of opportunity is understood to require, not just the pursuit of criminal justice only fuel revolt, engender martyrs, and harden a duty on the public authority to eliminate discrimination from its activities. resistence. If we understand that fear of shame or ridicule is the most common reason 52. T AITESU U NNO human beings engage in violent behaviour, the advantages of satyagraha over penal threats as a means to elicit right conduct become manifest. Taitetsu Unno is a Buddhist scholar who wrote extensively about Shin Buddhism in Japan and in the United States. Unno also worked as a translator, making many important Buddhist texts available to an English-speaking 51. EQUALITY audience. He contributed to the ―Asian Values‖ debate by emphasizing the issue of adversariality in relation to human rights in the West. He believed that the West‘s obsession with the individualist idea of adversariality (or ethical RR #6 Equality- Islamic states are still, considered parties to the Women‘s Convention conflict and the demanding of one‘s due) gave rise to the concept of human rights. He argues that Asian cultures historically lack this adversariality, favouringcommunitarianism. In this way, Western human rights are not Truth and reconciliation commission – task to discover and reveal past necessarily compatible with Asian cultures as Unno argues they presuppose wrongdoing by a government –in the hope of resolving conflict left over from adversariality and are instruments of individual power. (RHp.114) the past - Often, there is a public mandate to bring past human rights violators to justice, though in some cases, abuses of human rights have gone unpunished under truth commissions due to threats of antidemocratic coups by the powerful
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