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Underlying Reasons for the Persistence of Female Genital Mutilation

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human and in such <strong>the</strong>se rights existed pre-society 29 . The human rights <strong>the</strong>ory is largely based on<br />

Western philosophy and has throughout modernization and <strong>the</strong> spread <strong>of</strong> modern markets<br />

expanded through globalization 30 .<br />

The Universalist approach takes an ontological stand in human rights content since it establishes<br />

human rights as something independent <strong>of</strong> our knowledge <strong>of</strong> it. The <strong>the</strong>ory argues that despite<br />

differences in sex, ethnicity or culture, human rights are directed towards all human beings and it<br />

argues its essential standpoint 31 . However <strong>the</strong> idea <strong>of</strong> human rights is constructed by Western<br />

philosophy and has only in recent decades established its ideology in <strong>the</strong> international arena.<br />

There<strong>for</strong>e human rights concepts are socially constructed which questions <strong>the</strong> ontological claim<br />

<strong>of</strong> human rights.<br />

3.1.2 UDHR <br />

Over <strong>the</strong> past decades <strong>the</strong> growth <strong>of</strong> an international human rights regime, based on <strong>the</strong> idea that<br />

human rights should be internationally protected, has set its moral values and political statement<br />

in a fast growing and globalising world. Following <strong>the</strong> Second World War <strong>the</strong> General Assembly<br />

<strong>of</strong> <strong>the</strong> United Nations adopted and proclaimed <strong>the</strong> Universal Declaration <strong>of</strong> Human Rights<br />

(UDHR).<br />

“Whereas recognition <strong>of</strong> <strong>the</strong> inherent dignity and <strong>of</strong> <strong>the</strong> equal and inalienable rights <strong>of</strong> all<br />

members <strong>of</strong> <strong>the</strong> human family is <strong>the</strong> foundation <strong>of</strong> freedom, justice and peace in <strong>the</strong> world,<br />

Whereas disregard and contempt <strong>for</strong> human rights have resulted in barbarous acts which have<br />

outraged <strong>the</strong> conscience <strong>of</strong> mankind... Whereas it is essential, if man is not to be compelled to<br />

have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights<br />

should be protected by <strong>the</strong> rule <strong>of</strong> law…” - United Nations General Assembly, Dec 10 1948<br />

The UDHR was <strong>the</strong> starting point in <strong>the</strong> development <strong>of</strong> global and regional treaties and<br />

declarations concerning human rights, followed by a number <strong>of</strong> Declarations and Conventions<br />

which embody human rights principals, as well as <strong>the</strong> emergence <strong>of</strong> non-governmental<br />

29 Donnelly, The relative universality <strong>of</strong> human rights. p. 284 <br />

30 Ibid, p. 287 <br />

31 Marsh, Stoker, Theory and methods in political science, p. 18 -­‐19 <br />

14

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