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A critical response to the article “Relativismus und Menschenrechte” by Marie-Luisa Frick, published in this issue of the journal, is presented. The author addresses several issues, including the philosophy of human rights from the perspectives of cultural relativism and universalism, the distinction between idea and content, and political ethics.

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The 70th anniversary of the adoption of the Universal Declaration of Human Rights presents an opportunity for critical reflections from the Global South on why the dream of universalising the rights contained in this ground-breaking document is still just a dream. Shaped by a rigorous interrogation of African experiences as narrated by practitioners and scholars, this paper revisits some of the leading contentious issues which, undoubtedly, have impacted on the realisation of the Universal Declaration of Human Rights on the African continent. The paper revisits the issue of meaning, and how uncertainties surrounding it have triggered controversial perceptions and constructions of the notion of human rights, aggravated by adjectival calibrations. Capturing the views of scholars and practitioners, this paper takes an evidence-based approach to the matter as it identifies and discusses some of the common, recurrent challenges that have compromised the aspiration of universalising the ideals articulated in the Universal Declaration of Human Rights. These include, amongst other things, the impact of slavery and the slave trade, colonialism and neo-colonialism, the nature and impact of western hypocrisy, double-standards, bias and inconsistency – factors that not only dilute the recognition of human rights but further deepen the mistrust and misgivings Africans have about human rights. Lastly, the paper appraises the adverse impact of corruption on the realisation of human rights on the African continent. It is argued that all these factors, cumulatively, adversely impact on the perception and realisation of human rights on the African continent.

The author of this paper has the intention to reach the new meaning and sense of the primitive mentality by analyzing it in early social communities. He also wants to point out the possible reflections of the spirit and consciousness of our ancestors on us, here and now. The first part of the paper is dedicated to a critical deliberation on anthropological conflicts which have arisen concerning the reasoning power of the so-called primitives. The crucial question lies in the following: Is the difference between the “primitive” and the “civilized” mentality fundamental or is it possible only to a certain degree. The author takes the notion of primitive mentality through time and points to the medieval understandings, which are occupied by teratological themes, then to the renaissance comprehension, which relies on the first experiential observations, and, finally, to the enlightenment ideas of exotic peoples out of which the myth of “the good savage” is born. The nineteenth and twentieth centuries introduce the notions of “people’s character” and “national spirit”. The opinions are polarized, on the one hand of ethnocentrism, carried by the prejudice of people and ethnic groups and, on the other hand, of cultural relativism, based on the understanding and appreciation of cultural differences. In the end, the author also recognizes the modern primitive man, one who is not ready to deal with the challenges of his age. The modern primitive recalls the spirits of the past, the surviving and anachronic models of behavior, unaware of the fact that these are the same models that he has ascribed to “savages”. However, while such thinking and acting was justified by the cultural level at which our ancestors had lived, the mental frame of the contemporary primitives is significantly in contrast with the high level of civilization development.

Despite the fact that the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is considered to be one of the most widely signed and ratified international human rights treaties, it seems that its implementation is confronted with significant problems. In particular, tensions arise between the endorsement of women's rights and the culture and tradition of each Member State. This may lead to different interpretations of women's rights according to each cultural background (cultural relativism), at the expense of universality of human rights. This tension is illustrated by the considerable number of reservations to the Convention, which impede its actual implementation. In this framework the article focuses on India. Being a relatively early signatory of CEDAW, with a great variety of religions and languages, different traditions and long cultural history, India offers a great example of the dimensions that the implementation of the Convention may have. The article, after examining first the cultural and constitutional background in India, seeks to clarify how the international protection of women's rights and Cultural Relativism interact here. For this purpose the paper discusses the reservations of India to CEDAW and its legal nature. Finally, it outlines the newest developments in India and makes explicit how the culture and legal regimes may determine one another. [ABSTRACT FROM AUTHOR]

This contribution treats Thomas Kaufmanns concept of 'confessional culture' from a cultural-historical perspective. It proceeds from the observation that despite the apparent similarities between the concept of 'confessional culture' and decidedly cultural-historical approaches, these are outweighed by their differences. The concept as coined by Kaufmann is characterized by the opposition between confession and culture. Located at the intersection between these two dimensions, 'confessional culture' acts as an umbrella term and comprises a range of phenomena. These are taken as the object of investigation. By contrast, cultural-historical approaches apply a performative or semiotic concept of culture. Confession is not juxtaposed with culture, it is culture. Confessionalism was created by performative actions; confessional affiliation arose through internal and external attributions. 'Culture' denotes here an analytical perspective rather than an object of research. As a result, this approach does not focus on the specific characteristics of confessional cultures. This contribution suggests a third way. It analyzes confessional cultures and their characteristics explicitly, but understands them as a code which makes actions confessionally legible. With this cultural angle, confessional cultures can be analyzed in a new way. [ABSTRACT FROM AUTHOR]

A critical response to the article “Relativismus und Menschenrechte” by Marie-Luisa Frick, published in this issue of the journal, is presented. The author addresses several issues, including the philosophy of human rights from the perspectives of cultural relativism and universalism, postcolonial criticism of Western models of democracy, modernity, and progress, and the connection between human rights and international law.

A critical response to the article “Relativismus und Menschenrechte” by Marie-Luisa Frick, published in this issue of the journal, is presented. The author addresses several issues, including the philosophy of human rights from the perspectives of cultural relativism and universalism, international migration and refugees, and Frontex (European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union), the border security agency of the European Union.