A/73/227
backed groups, international organizations and civil society groups to campaign
internationally against universality; 28 and (b) the frequent misuse of the concept of
“religious freedom” in ways that contravene important standards governing freedom
of religion or belief, to advocate against equality and uni versality. 29 Meanwhile, the
withdrawal by the United States of America from the Human Rights Council, justified
officially with criticisms of the Council, but publicly explained by a prominent
official as a rejection of international human rights scrutiny, 30 is another shameful
example. All of these steps backwards undermine human rights and should be
condemned. Moreover, weakening or defunding the institutions designed to guarantee
the implementation of human rights norms is likewise incompatible with a
commitment to universality. 31
40. There are many forms of relativism that undermine human rights culture and
meaningful universality. These include cultural relativism, which is addressed in
detail below. They also include the refusal to recognize entire categ ories of rights,
such as economic, social and cultural rights, as human rights. Such an approach
results in a selective universality, which is not acceptable either. Tolerance of
widespread extreme poverty or diminished access to health care in the name of
markets is as deeply undermining of universality as is the attempt to justify
discrimination in the name of culture.
41. Blanket refusals to recognize the justiciability of human rights obligations or
attempts to make domestic law superior to internationa l human rights law, while
failing to implement international human rights obligations, likewise result in
relativism in practice. Other forms of relativism may be found in anti -immigrant
rhetoric, which suggests incorrectly that all human rights stop at bo rders or are only
to be afforded to citizens, and in the misuse of the concept of national sovereignty to
avoid legitimate human rights scrutiny.
42. A robust universality must include civil, cultural, economic, political and social
rights, must include the rights of all people and must envisage and enable their full
implementation.
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29
30
31
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For example, the Special Rapporteur deeply regrets that the following language is used on the
website of Human Rights High Council of the Islamic Republic of Iran: “It must be noted that
human rights texts, drafted in the West, are imposed on other peoples through various means.
This all-out attack … goes so far as to deny other peoples of the world their individual and social
freedoms, whereas the proud peoples of the world, relying on their native and regional values,
and relying on cultural diversity, combat this Western mechanism ”. According to the website,
this official body campaigns “aggressively” at the international level against the worldview it
ascribes to universal norms (unofficial translation for the Special Rapporteur).
See, for example, A/HRC/34/50, paras. 44–50, and A/HRC/38/46.
For the official statement, see Mike Pompeo, Secretary of State, United States of America, and
Nikki Haley, United States Permanent Representative to the United Nations, remarks on the
United Nations Human Rights Council, Washington, D.C., 19 June 2018. In a radio interview
that same day on a programme with some 7 million listeners, the National Security Adviser of
the United States, John Bolton, explained the decision of the United States as follows:
“Fundamentally … this is a rejection of the notion that multilateral organizations are in a
position to judge representative Governments like the US, or to try and impose t heir view of
what an adequate human rights performance is”. See The Mark Levin Show, Audio Rewind,
19 June 2018.
See, for example, Coordination Committee of Special Procedures and Chairpersons of Human
Rights Treaty Bodies, “We cannot let it go bankrupt”, statement on the Inter-American
Commission on Human Rights financial crisis, Geneva, 3 June 2016.
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