Luận Văn The relevance of Eastern and Western Conceptions on Human Rights

Introduction
After the World War II, the United Nations was established to maintain peace and international security, to promote and encourage respect for Human Rights and for fundamental freedoms for all[1] and gave task drafting the Universal Declaration on Human Rights(UDHR) for the United Nations Commission on Human Rights(CHR), which was established by the Economic and Social Council(ECOSOC). In December 1948, the UDHR was adopted by the General Assembly and received many positive comments from many scholars. However, General Assembly resolutions have no binding force, so the Committee was assigned to draft a covenant codifying rules in the Declaration. Sadly, the Convention drafting progress was stagnated by “the fight” of the two streams of thought of the East and the West. Finally, two conventions were born instead of one marking the two opposite views on Human Rights. What is the point of views on Human Right from the West and the East? This is the first reason of the study.
Besides, the Association of South East Asian Nations (ASEAN), which is one of the biggest International Organizations and one of the 20 major economies in the world (G20), has been caring about institutions and regimes in the recent years, while Human Rights issues of this region haven’t been paid much attention by the members. However, all the ASEAN members ratified the ASEAN Charter including promoting and protecting Human Rights and fundamental freedoms principle in 2008, and established the ASEAN Intergovernmental Commission on Human Rights in 2010. This is a first remarkable development step on Human Rights issue in this region. So, what is the ASEAN‘s point of view on Human Rights? This is the second reason of the study.

The purpose of this study will concentrate on learning about the relevance of Western and Eastern conception on Human Rights and considering the opinion of the ASEAN, status, evaluation and solutions for the Human Rights issue in this region. In addition, the author hopes that this study could contribute a little to the reader’s knowledge about Human Rights conception around the world and in the ASEAN.
Specifically, the thesis is divided into three chapters. Chapter I is a brief overview of Human Rights and History of International Human Rights law. Chapter II explores the Western and Eastern conceptions on Human Rights. Chapter III analyzes ASEAN conceptions on Human Rights, status of ASEAN Human Rights Regimes and gives solution for it.

[HR][/HR]Table of Contents
Acknowledements. 1
List of Abbreviations: 4
Introduction. 5
Research Methods. 6
Chapter I: General Conceptions on Human Rights. 8
1. Definition of Human Rights. 8
2. Defining “Western” and “Eastern”. 8
3. Origins of International Human Rights Law 9
4. Overview of International Bills of Human Rights. 12
4.1. Universal Declaration of Human Rights. 13
4.2. International Covenant on Civil and Political Rights (ICCPR) 13
4.3. International Covenant on Economic, Social and Cultural Rights (ICESCR) 13
Chapter II: The relevance of Eastern and Western Conceptions on Human Rights. 15
1. Western conception on Human Rights. 15
1.1 Theoretical explanation: Liberalism 15
1.2 Western Support for Universalism of Human Rights. 15
1.2.1 What is Universalism?. 15
1.2.2 Development of Universalism 16
1.3 Western Advocacy for Civil and Political Rights. 19
1.3.1 Definition of Civil and Political Rights. 19
1.3.2 Progress of International Covenant on Civil and Political Rights. 20
1.4 Western Precedence of Overriding State Sovereignty. 25
2. Eastern Conceptions on Human Rights. 27
2.1 Theoretical explanation: Constructivism 27
2.2 Eastern Support for Cultural Relativism of Human Rights. 27
2.2.1 Definition of Cultural Relativism 27
2.2.2 Development of Cultural Relativism 28
2.3 Eastern Interest in Economic, Social and Cultural Rights. 33
2.3.1 Definition Economic, Social and Cultural Rights. 33
2.3.2 Progress of International Covenant on Economic, Social and Cultural Rights 35
2.4 Eastern Precedence on State Sovereignty. 38
3. Author’s point of view of Universalism and Cultural Relativism 39
Chapter III ASEAN Concepts of Human Rights; Status and Solutions for ASEAN Human Rights Regimes. 40
1. ASEAN’s Advocacy on Eastern Conceptions on Human Rights: 40
1.1. ASEAN support for Cultural Relativism and Economic, Social and Cultural Rights. 40
1.1.1 Rights – “culturally specific” in Asia and Distinctive than Western views 41
1.1.2 Precedence of Social and economic rights over political and civil rights 42
1.2. ASEAN’s Precedence on State Sovereignty. Case study: Myanmar Human Rights problem: 42
1.2.1 Background on Myanmar’s Violation of Human Rights. 42
1.2.2 “ASEAN way” and Myanmar Human Rights Problems: 43
2. Status of Human Rights Regime of the ASEAN: 44
3. Solutions for Human Rights Regime of the ASEAN 45
Conclusion. 46
APPENDIX 47
REFERENCES. 48