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Defensive Relativism describes how governments around the world use cultural relativism in legal argument to oppose international human rights law. Defensive relativist arguments appear in international courts, at the committees established by human rights treaties, and at the United Nations Human Rights Council. The aim of defensive relativist arguments is to exempt a state from having to apply international human rights law, or to stop international human rights law evolving, because it would interfere with cultural traditions the state deems important. It is an everyday occurrence in international human rights law and defensive relativist arguments can be used by various types of states. The end goal of defensive relativism is to allow a state to appear human rights compliant while at the same time not implementing international human rights law.Drawing on a range of materials, such as state reports on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and cases from the European Court of Human Rights involving freedom of religion, this book provides a definitive survey of defensive relativism. Crucially, Frederick Cowell argues, defensive relativism is not about alternative practices of human rights law, or debates about the origins or legitimacy of human rights as a concept. Defensive relativism is instead a variety of tactical argument used by states to justify ignoring international human rights law. Yet, as Cowell concludes, defensive relativism can’t be removed from the law, as it is a reflection of unresolved tensions about the nature of what it means for rights to be universal.

International law and human rights. --- Cultural relativism. --- Human rights. --- ASEAN Human Rights Declaration. --- Backlash. --- CEDAW. --- Compliance. --- Convention on the Elimination of all forms of Discrimination Against Women. --- Cultural Relativism. --- European Court of Human Rights. --- International Law. --- Italy. --- LGBTQIA. --- Malawi. --- Sovereignty. --- The Hague. --- United Nations. --- Universal Human Rights. --- Universal. --- anti-universalism. --- cultural absolutism. --- doctrine of margin of appreciation. --- freedom of religion. --- international tribunal. --- justifying a legal act. --- legal exemption. --- reservation to a treaty.

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A review of the history of the United States from its colonial origins shows how Americas successful development has always been guided by two basic principles: representative democracy, and a proper division of power between national and subnational governments. The United States of America was established as an independent nation by a congress of delegates from 13 provincial assemblies, each of which consisted of representatives elected by their communities. Since colonial times, local democratic rights have attracted immigrants to help build new towns in the growing nation. Responsible local governments in America have had the power and the incentive to make local public investments for developing prosperous communities. Democratic competition in America has been strengthened by the ability of successful local leaders to become competitive candidates for higher offices. But in spite of Americas example, many nations since the French Revolution have instead been drawn to centralized democracy, as national elites may prefer to centralize power around themselves. Americas successful growth ultimately depended on its citizens basic understanding that their welfare and security were enhanced by a balanced federal division of power between their elected local governments and the higher sovereign government of their nation.

Autocracy --- Autonomy --- Bank --- Bribes --- By elections --- Candidates --- Citizens --- Committees --- Complaints --- Confidence --- Democracy --- Democratic development --- Development policy --- Diplomats --- Elected representatives --- Election --- Equal partners --- Federal government --- Franchise --- Global development --- Governance --- Government --- Government officials --- Governor --- Health, nutrition and population --- Human rights --- Immigrant --- Law --- Leadership --- Legal protection --- Legal rights --- Legislators --- Local governments --- Local representatives --- Majorities --- Minister --- Nation --- National government --- National leaders --- National level --- Officials --- Old regime --- Oligarchy --- Organizations --- Parliament --- Parliamentary government --- Patronage --- Policy --- Policy discussions --- Policy research --- Policy research working paper --- Political decentralization --- Political influence --- Political opposition --- Political power --- Political settlements --- Political support --- Political system --- Political traditions --- Politicians --- Politics --- Politics and government --- Popular support --- Population --- Population policies --- Progress --- Public sector corruption and anticorruption measures --- Public sector development --- Public service --- Representative democracy --- Representative government --- Representatives --- Resolution --- Right to vote --- Rights --- Service --- Slavery --- Sovereignty --- State government --- Strategy --- Universal human rights --- War

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Law --- Law reviews --- Droit --- Revues de droit --- Periodicals --- Périodiques --- Law reviews. --- Utah. --- 348 <05> --- Reviews, Law --- Kerkelijk recht. Canoniek recht--Tijdschriften --- Arbitration, Education & Training --- Constitution and Judicial System --- General and Others --- Regional and International Law --- 348 <05> Kerkelijk recht. Canoniek recht--Tijdschriften --- religious liberty --- religion and communism --- church and state --- structure of religious organizations --- law and religion --- religious equality --- the public school system --- the neutrality principle --- religious liberties and religious tolerance --- brainwashing --- minority religions --- religious broadcasting --- the European Court of Human Rights --- religious freedom --- religion and gender --- values and conflicts --- government --- tradition --- religion --- constitution --- freedom of religion --- civil liberty --- education and religion --- religious tolerance --- cultural and ethnic pluralism --- religion and constitution --- religion and legislation --- conscientious objection --- church-state relations --- Jehovah's Witnesses --- Church of Sweden --- Kazakhstan --- Colombia --- Peru --- Nigeria --- Ghana --- South-Africa --- legislation --- christianity and justice --- religion and law --- book reviews --- atheism --- religion and politics --- European Court of Human Rights --- International Religious Freedom Act of 1998 --- secularism and human rights --- freedom of religion or belief --- religion and jurisprudence --- proselytism --- human rights and religion --- religious pluralism --- Belgian authorities --- new religious movements --- parliament --- IACSSO --- CIAOSN --- Church of Jesus Christ of Latter-day Saints (LDS) --- terrorism --- Universal Human Rights --- 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief --- conflicts between religion and state --- freedom of religious association --- religious minorities