Alison Renteln speaks on culture as a human right

Alison scen

On February 22, Professor Alison Renteln of the University of Southern California spoke during the seventh installment of the Sanela Diana Jenkins Speaker Series hosted by the Program on Human Rights at the Stanford Center on Democracy, Development, and the Rule of Law. During her lecture entitled, "The Right to Culture as a Human Right: Law in a Multicultural World," Renteln challenged the universality of human rights, a claim previously debated by prior series' speakers.

Assessing the "monocultural paradigm of human rights," Renteln argued in favor of what she termed the human right to practice and enjoy one's culture. She maintained that legal systems must protect this fundamental human right by allowing defendants to employ a "cultural defense" and to voice relevant cultural motivations during court proceedings. She cited three main instances in which such a cultural defense has been used: to lessen the sentence in criminal cases, to be granted exemption from a policy, or to receive additional compensation when an abuse disproportionately affects a person because of cultural considerations.

Renteln presented recent court cases in both Canada and the United States brought against members of the Sikh faith. A central tenet of the Sikh faith is to wear the kirpan, a dagger that must constantly be carried on the person of all Sikhs. Renteln contested that in these cases, the courts must respect the cultural meaning of the kirpan, symbol of non-violence or ahimsa, and grant Sikhs the right to uphold their cultural tradition. With this example, Renteln demonstrated how courts must "make room for culture" in the evidence presented during the case.

Renteln concluded with a discussion on the hierarchy of cultural rights and other forms of human rights. For example, she questioned whether the Amish's right to practice their culture superseded the right of all Amish children to be educated. In her consideration of more questionable and often heatedly debated practices, she proposed that no cultural practice that inflicts "irreparable harm" on individuals should be allowed or supported. However, she admitted that defining practices which violate this standard can often be difficult.