Journal Citation:
32 NEW YORK UNIVERSITY JOURNAL OF INTERNATIONAL LAW AND POLITICS 291 (Winter, 2000).
This report examines the issue of culture in the context of international human
rights law. The author reviews the progression of identity politics and considers
how "sometimes culture seems like something to be protected by international
human rights law, while other times it is seen as in opposition to it". The essay
uses three case studies, namely, women's human rights, the rights of indigenous
peoples and the Asian values debate to explore how the term "culture" is, and has
been, utilised by each group in their human rights discourse. Part I turns to the
debate over women's human rights for its use of culture as oppositional to human
rights, whereas Part II reviews the indigenous rights movement for its use of
human rights law to safeguard culture. Part III, which is the main focus of the
essay, looks at the Asian values debate to demonstrate how culture functions
both as a means of challenging the prevailing human rights regime and as a
means of generating international co-operation for economic development.