ABSTRACT

The universality of human rights is a fundamental principle of international human rights law (IHRL). The main source of IHRL is the Universal Declaration of Human Rights (UDHR). IHRL formulates universalism in several ways. The UDHR says it is ‘a common standard of achievement’ for all peoples. It affirms that everyone is entitled to all human rights. IHRL nevertheless places limits on human rights. Cultural relativism holds that some or all beliefs, values, norms and practices are not universally valid, but valid only for some cultures. The principles used to defend cultural relativism are often universal principles; for example, the principle of toleration. These universal principles, however, suggest a qualified univer-salism. International human rights institutions accept that universal human rights standards should be interpreted differently in different cultural contexts. Article 1 of European Convention on Human Rights establishes that States parties are the primary guarantors of human rights. The European Court of Human Rights is therefore subsidiary to State institutions.