2.2 The cultural dimension of human rights

Human rights that are civil and political in nature spell out what democratic processes are in practice, including freedom of opinion and expression, freedom of the media (that is, the prohibition of censorship), the right to vote, and the principle of equality and non-discrimination that applies to the enjoyment of every human right. When countries ratify a human rights treaty, they promise to harmonise national laws and practices so that they are consistent with these international standards. They do so out of free will.

What happens if the state fails to uphold its human rights promises? There are different mechanisms of protection that have been established by the UN and by regional human rights institutions that have promulgated regional human rights laws that governments can sign up to. For example, in Europe there is the European Convention on Human Rights, which concentrates on civil and political rights. Governments can also sign up to the European Social Charter, which specifies economic, social and cultural rights. If a government has signed up to the Convention but acted in a contrary manner, citizens (and, indeed, any person within the state’s jurisdiction) of the member states of the Council of Europe can ultimately refer a complaint to the European Court of Human Rights in Strasbourg.

In most cases, the enjoyment of human rights takes place within governments organised as constitutional democracies through the usual mechanisms of democratic processes. These mechanisms involve evolving laws but also a culture of participation and engagement by citizens.

Democracy and human rights depend on an institutional framework that consists of two components: a set of rules and principles established in the constitution and legal system, and a political culture. Democracy and human rights are embedded in a set of principles, values and responsibilities. Democracy and human rights allow dissent on issues, but they can only do so if there is strong consent on the framework that allows and protects, but also limits liberties. You may disagree on almost anything, but this works only if all identify with the system that allows disagreement.