Open Access Research Article
IS GLOBALIZATION WESTOXIFICATION? ANALYSING THE QUESTIONS OF FAIRNESS IN INTERNATIONAL HUMAN RIGHTS LAW
Published Paper
Article Details
IS
GLOBALIZATION WESTOXIFICATION? ANALYSING THE QUESTIONS OF FAIRNESS IN
INTERNATIONAL HUMAN RIGHTS LAW
AUTHORED BY -
HIMANI SONI, LLM, HNLU, RAIPUR
Globalization can enhance human
rights through increased knowledge and connectivity, but also exacerbates
inequality and exploitation, necessitating a delicate balance between its
positive and detrimental effects. No doubt globalization has brought significant
changes in every sector whether it is cultural, political or economic rights,
which results in a range of dynamic consequences that impact many facets of
human rights. This research aims to examine the effects of globalization on
human rights both internationally and in India, with a focus on the rights to
social, cultural, economic, and political aspects of life. Along with that,
this paper also discusses how the growing impact of Western culture on
globalization or what can we call westoxification has raised the question about
the protection of rich cultural heritage and Indigenous traditions.
|
G
|
lobalization has become a
controversial concept, involving various aspects such as social, cultural,
ecological, environmental, ethical, and humanitarian aspects. All these aspects
of life have been significantly impacted by the quick development of the
relationships between and across nations. One crucial question raised by this
transition is whether “Westernization” and globalization are the same.
The term suggests the imposition and dominance of Western values, norms and
ideologies on a global scale and lies at the heart of this transformative. A
combination of the words “West” and “Toxic” “westoxification” refers to the
idea that globalization has brought about a particular type of cultural poison
that threatens the traditional values and identities of non-western countries.
It suggests local cultures and traditions are suffering because of the
worldwide spread of Western civilizations, economic systems, and political
beliefs. This research’s main question is whether this characterization is
accurate and, if so, what implications there are for international human rights
legislation. This has been happening for a very long time and has changed the
world a lot.
Westernization is
fundamentally the spread of ideas, ways of living, and things from Western
Europe and the United States. With the founding of international institutions
like the UN, IMF, and World Bank that support Western-style governance and
economic practices, globalization has substantially changed since the late 20th
century. As both superpowers championed democracy, free-market economy, and
Western ideals during the Cold War and ideological rivalry between the US and
the USSR, Westernization was substantially affected.
Global human rights
legislation has been extensively shaped and developed because of
Westernization. The Enlightenment movement, which was most active in Western
Europe during the 17th and 18th centuries and promoted ideas like individual
liberty, equality, and human rights, established the groundwork for modern
human rights. As a result, important papers like the French Declaration of the
Rights of Man and of the Citizen (1789) and the US Declaration of Independence
(1776) were written.
Human rights were given
additional attention in the post-World War II International Human Rights
Framework, with Western nations taking the lead in the establishment of the UN
and the formulation of the UDHR (1948). The protection and advancement of a
wide variety of human rights, including civil and political rights, economic,
social, and cultural rights, as well as the rights of vulnerable groups, have
been made legally enforceable responsibilities on nations using these treaties.
The advancement of human
rights activism, study, and efforts to promote global accountability has been
significantly aided by Western legal professors, activists, and organizations.
Human rights protection and enforcement have frequently been created using the
legal frameworks and judicial systems established by Western nations as
examples.
The Westernization of
human rights law, however, has come under fire and criticism for failing to
take into account issues like cultural sensitivity, diversity, and the need for
inclusion in the execution of these rights on a worldwide level. A crucial
factor in the continued development of human rights legislation continues to be
striking a balance between universal principles and respect for regional
settings.
GLOBALIZATION AS WESTOXIFICATION
Despite being frequently
viewed as a Western scourge, globalization is not a recent development. Through
migration, commerce, travel, cultural impact, and the spread of knowledge over
a long period of time, it has aided in the development of the globe.
Globalization’s driving forces are neither primarily European nor Western, nor
are they necessarily connected to Western supremacy. If Europe had opposed the
then-occurring globalization of mathematics, science, and technology, it would
have been much poorer today.
Globalization, often
viewed as a Western curse by some scholars, has contributed to the progress of
the world through travel, trade, migration, cultural influences, and knowledge
dissemination over thousands of years. Over thousands of years, globalization
has been productive in the advancement of different countries, and the active
agents of globalization have often been located far from the West.
Westernization in India is not the beginning of globalization, as there are
multiple examples of global connections between Indian history with multiple
other global cultures. Indian history has been greatly impacted by the Islamic
invasion, Turkish culture, and Chinese Scholars have contributed some pieces of
literature, the Arab mathematician Mohammad Ibn Musa-al-Khwarizmi, who had an
impact on the European Renaissance, Enlightenment, and Industrial Revolution,
may not be recognized by contemporary mathematicians in Boston. The successes
of Europe must be credited to the West, but the notion of a perfect Western
vision is fantastical. In the fifth century, Kumarajiva transcribed the first
book ever to be printed, the Vajracchedika Prajnaparamitasutra, into Chinese.
Turkey, China, and India are all impacted by globalization, while the West is completely
absent[i].
IMPACT OF WESTERNIZATION ON SOCIO-
ECONOMIC CULTURE
Socioeconomic culture has
been profoundly influenced by Westernization, which has led to cultural
identity preservation, economic expansion, technical improvements, consumer
culture, and labour practices. Many nations have seen significant
industrialization and growth because of implementing Western economic models
like capitalism and market-based policies. The digital gap, cultural eroding,
work practices, gender relations, and the preservation of cultural identity
have all been brought up as problems because of this, though.
Western brands, goods,
and lifestyles have proliferated because of the development of Western consumer
culture, promoting consumerism and the monetization of culture. This has opened
chances for companies and economic development, but it has also sparked worries
about the effects of consumerism on the environment and the decline of regional
customs and values. A digital gap has resulted from technological improvements,
notably those in information technology and communication, which have hastened
globalization and changed corporate processes.
The spread of information
and the fostering of analytical thinking abilities have greatly benefited from
Western-style education systems, but they have also given rise to worries about
the possible deterioration of regional languages and cultural knowledge. By
questioning conventional gender norms, gender equality has challenged
Westernization’s effect on labour practices and gender dynamics.
Concerns over the loss of
cultural authenticity and identity can arise from cultural hybridization, in
which aspects of Western and indigenous cultures converge to produce original
representations. An important problem for cultures navigating the complexity of
globalization is striking a balance between the advantages of Westernization
and the preservation of cultural heritage.
GLOBALIZATION AND HUMAN RIGHTS
There are two different
points of view on how globalization affects human rights. One perspective holds
that human rights have expanded due to globalization. In general, trade theory
predicts that globalization will increase overall well-being. Many believe that
a market economy and commerce that is liberalized may raise people’s living
standards. It is also held that economic freedom is crucial for political
freedom. It is feasible to deal with human rights offenders successfully with
the aid of economic power. Overall economic expansion and competitive
production may even result in improved governance, faster economic expansion,
and a greater number of rights.
The alternative
perspective holds that due to economic and technological change brought on by
globalization, the main threat to human rights may not come from the state but
rather from multinational corporations, multilateral intergovernmental
organizations, transnational criminals, or organized terrorists. Based on the
Oxfam Poverty Report, “Trade may open doors and sustain livelihood, but it can
also lead to exploitation, environmental harm, and loss of livelihoods. The
administration of the global trading system influences various sectors,
impacting production techniques, marketing control, wealth distribution, and
trade conditions, all of which have an impact on how they affect people.”
Globalization is opposed
because some believe it violates human rights. Indigenous decision-making and
democratic institutions have lost some of their importance when foreign
businesses, the World Bank, and the International Monetary Fund dictate
national economic and social policies. Economic, social, and cultural rights
are negatively impacted by unchecked market forces, particularly when
structural adjustment measures result in lower public spending on health and
education. More unemployment, poverty, and the exclusion of vulnerable
populations may arise from an increase in the wealth and influence of
multinational corporations.
In the report, which was
delivered in June 1998, economic globalization is completely denounced.
According to the study, “today’s economic and financial systems are organized
in such a way as to act as pumps that suck up the output of the labour of the
slaving masses and transfer it, in the form of wealth and power, to a
privileged minority.” The scholar believes that globalization does not do much
to advance human rights. He also acknowledges that the pursuit of wealth
need not always conflict with the advancement and defence of human rights.
Technologies that save on labour are
implemented to increase profitability. Such a strategy results in the
disempowerment of labour on several levels. The decrease in the organized
labour force in terms of numbers, the demise of unions, and usually the
political rightward tilt of social democratic parties that adopt neoliberal, market-oriented
policies. It is well known that unions are in decline in the age of
globalization. Union’s numerical strength and negotiating power have decreased
because of the organized sector’s decline. However, the decline in membership
is only one aspect that has highlighted the decline in union strength. State
protection of human rights in areas of social, economic, and cultural rights is
becoming more difficult because of globalization. Minorities have suffered as a
result. A significant new kind of transnational criminal business has also been
produced by globalization. International crimes that involve or have an
influence on human rights breaches are growing. Illegal drug trade, arms
trafficking, money laundering, and people trafficking are all made easier by
open markets and technological advancements. When it comes to medications
required to uphold the right to life and health, indigenous groups and local
communities notably attack the basic premise of intellectual property
protection. Economic globalization has drawn criticism for favouring investors
at the expense of locals, possibly leading to an increase in unemployment and
underemployment. The actions taken by institutions like the World Bank and IMF
implement economic changes that might result in human rights violations, such
as a rise in newborn and child mortality rates, to improve circumstances for
investors. Trade liberalization is frequently required as part of structural
reform. States may or may not get weaker, but the weakest individuals inside
the states become even more marginalized. Developing nations and third world
nations often become victims of fake human rights activism, where these nations
instead of getting any benefits of globalization. For instance, Afghanistan
became the colony of the US army, and the 3000 army personnel hijacked
Afghanistan back in 2001 to save the Afghanistan[ii]
al-Qaeda terrorist group, though there are serious allegations of torture,
sexual abuse rape and cruel treatment by the US militants on the Afghan woman
and children.[iii] It
shows that this is just the money politics and gun power and gun power which is
the basis of everything.
GLOBALIZATION
AND ITS RELATIONSHIP WITH THE HUMAN DIGNITY
All human rights rely on the core
idea of respecting human dignity. This dignity is a natural trait that is
imprinted in us from birth and developed during the course of our lives.
Recognizing and supporting each person who exemplifies human integrity is all
that is necessary to sustain it. Every person reflects the almighty majesty and
sacred presence that lives inside them.
Protection of human integrity is
provided through human rights. Human liberty is the basis of respect for
others. They are linked together and indivisible. It is a gift of love from God
to everyone. Because they stand for the entirety and completion of human value,
human rights are interconnected and indivisible. Inequality has grown during
the contemporary global period. The intellectuals and decision-makers of the
industrialized world view globalization as “offering good prospects for their
nations and their people. From two separate angles, globalization may be kept
going.
One viewpoint holds that
globalization is a means of enhancing both national and international wealth.
On the other side, globalization directly contributes to the widening gap
between “developing” and “developed” countries in terms of economic
development. More precisely, there is a link between non-discrimination,
equity, and globalization. The two concepts are essential to the foundation and
guiding principles of human rights legislation and practice[iv].
IMPACT OF
GLOBALISATION ON HUMAN RIGHTS
Human rights, including economic,
labour, cultural, civic, and political rights, have been substantially
influenced by globalization. It has resulted in the World Trade Organization
(WTO) admitting countries that violate human rights[v],
opening chances for effective penalties to deter such abuses. Environmental
deterioration results from production moving to regions with low environmental
regulations because of open commerce. There is a race to the bottom when it
comes to social welfare standards, environmental standards, and worker
protection regulations because of the competitive pressures from open trade
that force regulators to lose control over local regulatory issues.
The negative effects of globalization
lead to violations of several rights guaranteed by various Covenants, including
the enjoyment of basic elements of the right to life, freedom from cruel,
inhuman, or degrading treatment, freedom from servitude, the right to equality
and non-discrimination, the right to an adequate standard of living, the right
to maintain a high standard of physical and mental health, the right to an
adequate standard of education, and the right to an adequate standard of
housing.
Globalization frequently forces
developing nations to adopt actions that have a detrimental influence on the
exercise of fundamental rights. The Universal Declaration of Human Rights and
other human rights documents are essential to the corpus and ethos of human
rights instruments and practice, and inequality has increased throughout this
current age of globalization. Globalization has significantly changed how
women’s human rights are protected, but it also makes this goal more difficult
to achieve in terms of politics, society, and the economy.
The engines of economic growth are
corporations, which depend on governments to provide them with the right
to development. In light of the Vienna Declaration of 1993’s[vi]
determination that governments have a primary duty to preserve and advance
human rights, members of the World Trade Organization should be cognizant of
their parallel commitments to do both. To adopt a rights-based approach to
development and encourage global responsibility for globalization, the
right-to-development process can offer a framework.[vii]
CONCLUSION
The “international treaties on human
rights”, do not enforce a particular financial system, trade without barriers,
or laissez-faire economy. However, one can draw the connection between
human rights and a free economic system that might aid globalization. It is
crucial to ensure that an open trade system does not compromise human rights if
we want the global trading system to remain stable.
One of the goals of the UN is to
defend and uphold “human rights”, according in accordance with the UN Charter’s
preamble. “Human rights” are stated as a goal of the organization in the
Charter. All UN members are required under the Charter to work together and
separately to further the UN’s mission of promoting respect for basic freedoms
and human rights worldwide. According to the Charters, “During disagreement
among the responsibility the obligations of the UN’s members under the current
Charter must take precedence over any other commitments they may have under
other international agreements. The potential for a confrontation between human
rights and globalization can be avoided if globalization moves forward
considering these United Nations Charter requirements. In addition to the
requirements of the organization’s founding charters or constitutions, it is
believed that intergovernmental organizations’ international legal
personalities impose a need to comply with general international law principles.
Epicenters of power that stand beside
or can compete with along with the potential of States have been produced by
globalization. These unconventional state actors or organizations apart from
the state, the media, businesses, and “international” institutions like the
“World Trade Organization and the World Bank” must all be taken into
consideration to hold those responsible for human rights crimes accountable and
avoid future ones. “Human rights” and liberation must now be safeguarded by
parties other than states and their representatives. Clearly, the states that
are not dominant do not have the power or institutions required to guarantee
“human rights” need to be reinforced. Establishing an independent court is
necessary, and executive authorities like the military and police must be
placed under the control of the law. Even wealthy countries might struggle to
meet the difficulties of globalization on their own, particularly when dealing
with terrorism and transnational criminals. improved international
collaboration is required to address the human rights issues that different
countries cannot solve on their own, even as weak governments are strengthened
for improved human rights protection. Additionally, through multilateral
mechanisms, efforts should be made to raise international obligations on
non-state entities. Non-state entities must be scrutinized and held liable when
they obstruct state attempts to uphold and promote human rights since
states will continue to bear the primary responsibility for doing so.
It has become more
difficult to comprehend and protect human rights as a result of globalization.
Adapting globalization to fit our needs and counteracting its negative
consequences can be made easier by having a solid understanding of the socioeconomic
forces and forms that inspire it. A just international legal system needs to
strike a balance between globalization and human rights. Human rights serve as
the blueprint for creating an environment for human integrity as globalization
fosters connections between previously isolated states and individuals. To
achieve the balance that morality and reason both call for, it is important to
balance globalization with the protection of human rights.
[i] Amartya Sen, Does Globalization Equal Westernization?, THE
GLOBALIST (2002),
https://www.theglobalist.com/does-globalization-equal-westernization/ (last
visited Sep 30, 2023).
[ii] Taliban are back - what next for Afghanistan?, BBC NEWS, Sep. 8,
2019, https://www.bbc.com/news/world-asia-49192495 (last visited Sep 30, 2023).
[iii] Timeline: U.S. War in Afghanistan, COUNCIL ON FOREIGN RELATIONS,
https://www.cfr.org/timeline/us-war-afghanistan (last visited Sep 30, 2023).
[iv] Asmita Singh & Dr Rohit Shukla, Globalization and Its Impact on
Human Rights, (2023), https://papers.ssrn.com/abstract=4398247 (last visited
Sep 30, 2023).
[v] WTO | Seattle - misinformation,
https://www.wto.org/english/thewto_e/minist_e/min99_e/english/misinf_e/03lab_e.htm
(last visited Sep 30, 2023).
[vi] World Conference on Human Rights: The Vienna Declaration and
Programme of Action, June 1993, OHCHR,
https://www.ohchr.org/en/publications/reference-publications/world-conference-human-rights-vienna-declaration-and-programme
(last visited Sep 30, 2023).
[vii] Globalisation and Human Rights: An Overview of its Impact |
American Journal of Humanities and Social Sciences,
http://www.worldscholars.org/index.php/ajhss/article/view/0101_3 (last visited
Sep 30, 2023).
Article Information
IS GLOBALIZATION WESTOXIFICATION? ANALYSING THE QUESTIONS OF FAIRNESS IN INTERNATIONAL HUMAN RIGHTS LAW
Authors: HIMANI SONI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/17
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.