Report on the Second Scientific Panel

Report on the Second Panel under the Theme:

“Human Rights: Balancing Principle-based Obligation and Utilitarian Application”

April 13, 2025 (corresponding to 15 Shawal 1446)
5:00 to 6:10 PM (GMT+1)

Moderator: Lahcen Chouaib
Rapporteur: Dr. Hajar Skifa

On Sunday, 15 Shawwal 1446 AH, corresponding to April 13, 2025, the forth-international conference organized by the Imam Abdessalam Yassine Foundation for Research and Studies under the theme: “Human Rights: Balancing Principle-based Obligation and Utilitarian Application” was launched at 03:00 p.m. The conference started with an opening session followed by three panels tackling different aspects of the conference theme, namely: human rights from Western and Islamic perspectives, human rights and balancing principle-based obligation and utilitarian application, and human rights and utilitarian considerations.

This report exclusively summarizes key points and views that were evoked in the second panel. This academic session hosted four lecturers, Dr. Mohamed EL GHAZI, Dr. Monir BIROUK, Mr. Ashif. Mekden, and Mr. Mujeeb Rahman MP, and it was moderated by Mr. Lahcen Chouaib.

The moderator began his remarks by addressing the devastating human rights situation in Gaza resulting from the brutal Israeli aggression, emphasizing the urgent need to question the role of the United Nations, the Security Council, and the broader human rights framework. He highlighted the complexity of human rights as a concept suspended between ethical imperatives and political or utilitarian agendas, underscoring the relevance and urgency of discussing this topic within an academic setting.

There follows the key points from the interventions of the four lecturers in the second academic session:

1. Beyond Legal Frameworks: How Societal Factors Shape Women’s Rights in Western and Muslim-Majority Nations – Dr. Mohamed El Ghazi, Ibn Zohr University – Morocco.

The presentation offered a comparative analysis of women’s rights in Muslim-majority societies and Western nations. While it is commonly assumed that Western countries have more advanced systems for safeguarding women’s rights, this perception often overlooks significant shortcomings. The speaker argued that, in many cases, Muslim societies demonstrate stronger factors supporting women’s rights—particularly in areas such as education and physical safety—where cultural, religious, and familial norms play a compensatory role in addressing legal gaps. Although Western nations may appear more legally advanced, many Muslim-majority countries exhibit more favorable de facto conditions in specific domains. This underscores the idea that the existence of legal frameworks alone does not guarantee the realization of human rights; rather, the effectiveness of these rights depends heavily on sociocultural and religious contexts. Through his speech, the lecturer examined this paradox by briefly comparing the legal systems of both contexts, analyzing their practical outcomes, exploring the root causes of these discrepancies on the basis of cultural, religious and individualism of the West, and introducing a potential remedy framework based on Imam Abdessalam Yassine comprehensive theory of religious revival. The lecture ended with recommendations advocating for a hybrid human rights model inspired by Islamic revivalist principles.

2. Human Rights after the Palestinian Deluge: Who’s the Human? Whose Right? – Dr. Mounir Biraouk, Ibn Zohr University – Morocco.

The lecturer began by arguing that human rights are distributed unevenly. He believes that the idea that human rights are selectively granted and unequally applied is no longer debatable, especially in light of the atrocities committed in Gaza following October 7. One of the key consequences of the ongoing Palestinian crisis is the erosion of faith in the so-called universal human rights model championed by the liberal democratic West. In his presentation, the lecturer argued that discussions on the human rights dilemma must move beyond merely pointing out Western double standards—a criticism that has become all too common. Instead, what is urgently needed is a deeper understanding of the structural roots behind the glaring inconsistencies between Western humanitarian rhetoric and its openly biased and arbitrary practices. The lecturer examined the persistent contradictions in the West’s approach to the Palestinian issue, highlighting its longstanding and unapologetic bias—even before the most recent genocidal acts in Gaza. Under such conditions, the discourse of human rights is reduced to hollow slogans that raise pressing questions: Who qualifies as human? Whose justice is upheld? And whose rights are protected? Besides, he explored the philosophical underpinnings of the human rights discourse, identifying foundational factors that, which he argues, make possible the West’s complicity in what amounts to ethnic cleansing in Palestine. Lastly, the lecturer suggested that despite the trauma of the current historical moment, it offers a vital opportunity to radically reassess the prevailing Western-centric human rights framework and to work toward building a genuinely universal model rooted in justice and equity.

3. Human rights and freedoms in diverse societies State peculiarities shape implementation – Mr. Ashif. Mekden, Indira Gandhi National Open University New Delhi – India.

The lecturer argued that human rights are basic entitlements guaranteed to every person, regardless of background, allowing individuals to live with dignity, freedom, and equality. In his presentation, he claimed that a major debate in human rights revolves around universalism versus cultural relativism. Universalists argue that human rights should apply equally everywhere, protecting against abuse and inequality. In contrast, cultural relativists stress that rights should be interpreted within local cultural and religious contexts, arguing that one-size-fits-all models may ignore community values and traditions. This debate is especially contentious when discussing women’s rights, LGBTQ+ issues, and religious freedoms. Critics of universalism warn against cultural imposition, while critics of relativism caution that it can justify harmful practices. The lecturer added that how states apply human rights varies significantly based on internal factors. Cultural norms, political systems, legal institutions, and economic capacity all shape how rights are implemented. For example, collectivist cultures may prioritize communal duties over individual freedoms. Democratic governments tend to uphold rights more effectively than authoritarian regimes. Similarly, wealthier nations are better equipped to fulfill social rights like healthcare and education, highlighting global inequalities in human rights realization. Lastly, he concluded by underscoring that although human rights aim to be universal, their application is deeply affected by local conditions. A balanced approach is needed—one that respects universal values while acknowledging diverse cultural and national realities.

4. Minority Education Challenges in India: a Special Study on Muslim Minority – Mr. Mujeeb Rahman MP, Jamia Jalaliyya – India.

The lectures initiated his presentation by indicating that minority communities across the globe continue to face systemic persecution and exclusion. Despite claims of fairness, they often experience discrimination in social, economic, cultural, and educational domains. In recent times, their plight has worsened as dominant groups increasingly deny them basic rights, leaving minorities marginalized and treated as outsiders within their own societies. Although the United Nations has issued multiple resolutions to safeguard minority rights, these initiatives frequently remain unimplemented and limited to rhetoric. This underscores the urgent need for empirical, evidence-based research to assess their actual conditions and advocate for their rightful entitlements. In this regard, the lecturer argued that although India is one of the world’s most populous nations, and home to the largest minority population, the current situation of minorities is deeply concerning, as they continue to face various forms of social, economic, cultural, and educational oppression. This marginalization is exacerbated by the government’s failure to effectively enforce constitutional protections meant for minority groups. Among these, the Muslim minority is particularly vulnerable, facing systemic discrimination and communal tensions. The lecturer highlighted the importance of critically analyzing the key educational challenges confronting the Muslim community in India, exploring their underlying causes, and evaluating the present state of Muslim education. This involves addressing broader questions, such as the rights guaranteed to Muslims under the Indian Constitution, the United Nations’ stance on minority education, global standards for the right to education, and the intrinsic connection between human rights and access to education.

The following are the main recommendations of this scientific session:

1. Recommending a hybrid modal that revolves around the theory of religious revival inspired by Islamic revivalist principles.
2. The need to reassess the prevailing Western-centric human rights framework and to work toward building a genuinely universal model rooted in justice and equity.
3. The need for a nuanced approach that considers local realities when addressing global human rights issues, striving for a balance that respects universal principles while acknowledging unique state circumstances.
4. The need to critically analyze the key educational challenges facing Muslim communities and investigating the rights guaranteed to Muslims, especially in India.

The presentations reflected diverse legal and sociological perspectives, addressing the status of human rights in both Western and Muslim-majority contexts, with discussions ranging from minority education and freedoms to the ethical dilemmas raised by the Palestinian tragedy.

The Second Scientific Panel Video:

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