The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948. It affirms that all humans are equal and have fundamental rights including life, liberty, security, property, freedom from slavery, torture, etc., regardless of race, color, religion, sex, language, political opinion, national origin, etc.
There is no specific mention of LGBTQ+ rights in this declaration. The issue of same-sex marriage has been debated globally since then with some countries allowing it while others criminalizing it. Some argue that cultural relativism should be considered when dealing with such issues to avoid imposing Western values on non-Western societies. They assert that each society has its own customs and beliefs about gender, family, and sexuality which must be respected.
Cultural relativists believe that culture shapes people's attitudes towards gender, sexuality, marriage, etc. They say there cannot be one universal standard for everyone because what is normal in one culture may seem strange or even immoral in another.
Polygamy is common in Islamic cultures but illegal in most Western nations.
Universal human rights advocates reject cultural relativism as a basis for ethics. They claim that basic human rights apply to all humans everywhere and should not depend on local customs or beliefs. They argue that oppressive laws such as those against homosexuality violate human dignity and equality. They view justice as a moral obligation and feel obliged to challenge discrimination.
Ethical obligations to justice and inclusion refer to the duty to promote fairness, equity, and inclusiveness. This includes ensuring equal access to resources, opportunities, and protections for all individuals regardless of their identity. It also means addressing social biases, prejudices, and power imbalances. These obligations require action beyond mere tolerance or acceptance of difference.
The tension between these positions leads to conflicts in international law regarding LGBTQ+ rights. Some countries have passed laws protecting LGBTQ+ citizens while others criminalize them, leaving them vulnerable to persecution, violence, discrimination, and denial of essential services. The UN has called for global policies promoting human rights, including LGBTQ+ rights, but some countries resist this pressure.
International disparities in LGBTQ+ law illuminate conflicts between cultural relativism, universal human rights, and ethical obligations to justice and inclusion. Universal human rights affirm the fundamental value of all people, but they can clash with cultural norms and practices. Ethical obligations to justice and inclusion demand action towards a more just and inclusive society, but they may conflict with cultural traditions.
How do international disparities in LGBTQ+ law illuminate conflicts between cultural relativism, universal human rights, and ethical obligations to justice and inclusion?
LGBTQ+ laws around the world differ widely and have long been a source of tension as countries grapple with balancing cultural relativism, universal human rights, and ethical responsibilities towards justice and inclusivity. While some countries recognize same-sex marriage and other forms of legal recognition for non-heterosexual people, others still criminalize homosexuality and gender diversity.