In search of new narratives: the role of cultural norms and actors in addressing human rights contestation

Abstract

International human rights law has proliferated since the promulgation of the Universal Declaration of Human Rights 70 years ago. Despite this, human rights continue to be violated around the world, revealing the gap between law and practice. A contributing factor to the poor implementation and violation of rights is their ongoing contestation, which relates to the long-standing cultural and postcolonial critiques of human rights. It also relates to the contemporary critique of the “endtimes” of human rights, which anticipates such contestation increasing – particularly based on religion. Clearly, human rights cannot be taken for granted as these critiques remain pressing and religiosity is increasing globally. As such, there is a need for new/better narratives in support of human rights in order to respond to cultural contestation. This chapter explores the religious norms and actors relevant in a process of defining as well as promoting such narratives. Specifically analyzed via a multi-disciplinary case study is the role of Islam in promoting and protecting women’s right to family planning in Indonesia. While the negative role of cultural norms and actors, and particularly religious ones, in abusing rights has been the subject of much scholarship, their positive role in implementing and protecting rights has received less attention.