All Rights are Created Equally Sample Clauses

All Rights are Created Equally. We conceded earlier that there may exist, for practical purposes, a normative hierarchy of human rights. This is actually useful, as it sets precedents for cases of conflicting rights-claims. It is reasonable that the right to life is understood as more urgent than the right to freedom of speech, and as such, free speech may be justifiably limited to in the name of public security. That having being said, there is little reason to conceive of human rights in a hierarchy of importance. We have demonstrated that the different generations of rights are interactive, not sequential, and that non-derogability and absolutism need not challenge the import of derogable and non-absolute rights. Just as all basic goods are equally basic and fundamental, no one human right is any more basic or fundamental to one’s nature. The next chapter will consider real-world examples of cultural pluralism in conflict. Though we have framed the human rights discourse in the natural law tradition, there remains the argument that such a conception is peculiarly Western. Many thinkers propose that instead of singular foundationalism, cultural legitimacy can only be bestowed to human rights through culturally specific arguments. Scholars such as Abdullahi An-Na’im argue that this is the most practical way to deconstruct the many existing barriers to human rights implementation. Manifestations of such barriers can be seen in the numerous reservations to human rights treaties. For example: “Qatar reserves non-compliance for any interpretation of the provisions of the Convention that is incompatible with the precepts of Islamic law and the Islamic religion.”46 Before entering into a discussion on deconstructing such cultural obstacles, we will consider whether the contingency of culturally relative arguments undermines the security of the class of human rights. This will require a consideration of Xxxx Xxxxx’ political thought. After a discussion on human rights as limitations on pluralism, we will turn our attention to whether an intra-cultural solution can reconcile the penalty for apostasy under Shariah law and the human right of religious freedom.47 46 UN Convention against Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment. 47 The conflict between Shariah law and public international law is most evident through an analysis of reservations to the Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child, the I...