Download files
Abstract
This dissertation examines the ideological significance of the human rights principle of indivisibility. Its timeframe is the contemporary, post-Cold War age, particularly since the seminal 1993 Vienna World Conference on Human Rights. Prima facie, the conference entertained a concept of indivisibility dedicated to the equal observance of all rights, including rights symbolising different social systems. However, it also celebrated the end of the Cold War and the victory of the West and its liberal values, and painted an integral relationship between indivisible rights and democracy.
The dissertation considers evidence that, notwithstanding the stated commitment to honour all rights equally, indivisibility has largely been used in the service of civil and political rights and a liberal agenda. The dissertation contemplates this evidence in relation to three representations of indivisibility in international legal sources and the academic literature.
One representation portrays indivisibility as a politically neutral principle that can obviate or resolve human rights conflict such as conflict that is said to inform troubled international relations. A second representation sees indivisibility as an inclusive principle that can give greater exposure to marginalised rights in society. A third representation depicts indivisibility as a holistic principle whose comprehensive body of rights can be used to surmount the problem of underdevelopment.
Yet it would appear that, due to greater social influences, there exists a distinct tendency for proponents of indivisibility to conceptualise an indivisible arrangement of rights according to the system of Western democracy, and, therefore, to emphasise liberal rights and values, as opposed to all rights equally and neutrally. There is a tendency to underline these rights and values in seeking to assist marginalised groups and to enhance the position of marginalised rights. Furthermore, there is a tendency to highlight a liberal conception of human development in the production of indivisible rights- based solutions to underdevelopment.
The dissertation concludes that the ideal of indivisibility has been constrained by an overriding commitment to the new post-Cold War world order. Despite its appearance of ideological balance, indivisibility has effectively assisted in restoring the liberal ideology of present times and in reducing human rights issues to the individual.