Human Rights 6 Questions

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Human Rights 6 Questions

Introduction to Human Rights

Edmund Ryden SJ

14 September 2011

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Six Questions

 What are Human Rights ？

 What is the Foundation of Rights ？

 Who has Rights ？

 What is the Content of Rights ？

 How are Rights and Duties related ？

 Why bother with Rights ？

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1 What are Human Rights ？

Human Rights are a feature of Modernity

Some Features of Modernity

 Central control of means of violence

 Clearly defined borders

 Violence may be used against citizens

See Anthony Giddens, The Nation-state and

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The Emergence of the Modern State

 Treaty of Westphalia 1648

 1789 French Revolution

creates symbols of centrality

Flag, National Anthem, Army (Conscription), National Language

 Industrial Revolution

Factories, Railways, Urbanisation

 Modern Democracy

Record of Births and Deaths, Health, Voting

 Technology: Databases

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The Importance of Rights

In the face of growing centralisation, it is important to stress human rights

Human Rights means

Using the Law to uphold Human Dignity

Ensuring the Law respects human persons

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2 What is the Foundation of Rights?

We all agree that we have these rights But do not ask us ‘why’ we have them.

As soon as you ask, ‘why’, then we all disagree.

Jacques Maritain

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God as the Foundation

People are free because they are made in the image and likeness of God.

But if I do not believe in God, then I have no need to respect rights.

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The Constitution or Law as the Basis

 Constitutions and Laws change

 They differ from place to place

 We must distinguish between The means by which rights are protected, ie law,

and

Human Rights as such.

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3 Who has Rights?

 Human Beings

 What is a Human Being?

 Who is a Person?

Do Criminals, Children, Mentally impaired people have rights?

 The Human Being is always a Human Being

 Rights are not Privileges

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The Term ‘PERSON’

 Distinct from ‘ 個人 INDIVIDUAL’

 In Confucius, it is the gentleman 君子

 A person exists in society

 One Chinese author translates as 做人

 The person of benevolence 仁者

 The exercise of rights may be curtailed but not rights as such

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Groups of Right-Holders

 Women

 Children

 Migrant Workers

 Indigenous People

 Physically and mentally challenged persons

 States may have rights

 Do animals have rights?

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4 What is the Content of Rights?

 Civil and Political Rights

 Economic and Social Rights

 Rights to development

 Group rights

 Negative rights

 Positive rights

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Civil Rights

Life, Liberty, Property, Fair Trial

Freedom from slavery, from torture Freedom from arbitrary arrest

Privacy

Freedom of expression, of conscience Freedom of association

Right to marriage and to found a family

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Economic Rights

 Right to Work and Rights at Work

International Labour Organisation

 Freedom of association

 Elimination of forced labour

 Elimination of discrimination

 Elimination of Child Labour

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Social Rights

 Right to housing

 Right to health

 Right to a healthy environment

 Access to drinking water

 Sufficient food

 Adequate nutrition

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Cultural Rights

 Education

 Arts

 Museums

 Use of one’s native language and script

 Traditional festivals and holidays

 Clothing and Food

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5 How are Rights and Duties related?

 Gandhi ： The river of rights flows from the mountain of duties

 Any right worth preserving comes from the proper exercise of a duty.

From this simple observation all

duties may be derived and all rights are in accord with a duty.

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6 Why bother with Rights?

From the outside a society that respects rights may seem more

chaotic than one that does not, but its inner value is much greater than that of a dictatorship.