Abstract
This speech is an attempt to offer á perspective, given the particular circumstances4 that moulded my thinking. I will sketch the background and confine myself to the unfolding South African scene. The problem, which I will not try and resolve today, is that the different regions in the world and some commentators, also in South Africa, hold firm views. Universal human rights imply inclusiveness because it reflects our “common humanity”.6 This is determined and refined through interpretation and application by humankind at particular moments in time and history. Universality is much more than the determination by a majority at a particular moment because universal human rights “are the rights of all persons in the world”.
Highlights
The initial debates about the desirability of regional human rights systems have been settled
The problem, which I will not try and resolve today, is that the different regions in the world and some commentators, in South Africa, hold firm views. This speech was delivered on two occasions; at an International Symposium on “Oriental Culture and Human Rights Development” sponsored by the China Society of Human Rights Studies and the China Foundation for Human Rights Development in Beijing (29-31 October 2002) and a Colloquium on “Politics, Socio-economic issues and Culture in Constitutional Adjudication” organised by the Faculty of Law of the PU for CHE and sponsored by the Konrad-Adenhauer-Stiftung in Rosebank (16 November 2002)
Nothing precludes an organisation or institution, international or national, to set human rights standards that should apply within that organisation
Summary
This speech is an attempt to offer á perspective, given the particular circumstances that moulded my thinking. The problem, which I will not try and resolve today, is that the different regions in the world and some commentators, in South Africa, hold firm views This speech was delivered on two occasions; at an International Symposium on “Oriental Culture and Human Rights Development” sponsored by the China Society of Human Rights Studies and the China Foundation for Human Rights Development in Beijing (29-31 October 2002) and a Colloquium on “Politics, Socio-economic issues and Culture in Constitutional Adjudication” organised by the Faculty of Law of the PU for CHE and sponsored by the Konrad-Adenhauer-Stiftung in Rosebank (16 November 2002). Nothing precludes an organisation or institution, international or national, to set human rights standards that should apply within that organisation The result, if it is not a consensus position, often leads to the dissatisfaction of those who do not agree with the majority. Whether particular human rights standards are in harmony with the core of universal human rights, namely human dignity and equality will always be a matter for debate
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