Oct 12, 2019

Philosophical Foundations of Human Rights

Human Rights

Human rights are social norms or moral principles, which every human being, inherently entitled and protected as natural and legal rights in international law .

Socrates, Plato and Aristotle submitted that natural law grounded on natural justice or natural right of every man,   as a social contract between the governed and the governor. Libertarian Locke states if the ruler fails to protect "life, liberty, and property," could be overthrown by people.


Human rights are about our dignity, agency, interests or needs and grounded on common interests of human beings where each and every person possesses an equal moral status and opportunity. Despite the fact that Human rights are based on human dignity, they have a relationship between the morals of human rights and the law and politics of the society.

In western philosophy human rights is a product of a natural law, stems from ancient philosophy, religion and social evolution of moral behavior of human societies, in order to provide security and economic advantage, could be seen as a social contract. The interest theory and the will theory are core theories of human rights. Interest theory argues that the purpose of human rights is to protect and promote essential human interests. The will theory states that human rights are needed to ensure freedom.

The human rights stems from values of pluralism, moral and prudential elements. Each human right has an object which means what that right intend to protect. Freedom of association is right to free association, however does not prevent government to place restrictions of assembly that may eminently violate rights of others or organised crime. Human rights are not generic like father of liberalism, John Locke's right to life, liberty and wealth, but expands to 30 rights in the Universal Declaration of Human Rights (UDHR) and other treaties.

Human Rights can be categorized into 7 classes.
1. Rights to security protects a person from murder, torture,  massacre and rape.
2. Rights to due process like fair trial, unlawful imprisonment and legal aid
3. Right to fundamental freedoms like freedom of speech, assembly and conscience
4. Political rights like timely elections , voting and protesting
5. Rights for equality like equality before the law and non descrimiation
6. Social Rights like access to education and healthcare
7. Minority group rights like enjoy own culture , language and equality

Most of these rights are incorporated in UDHR and other international treaties, however moral obligations of states to secure them plays a vital role in realities of human rights theory and practice.

Every human right has a rightsholder, object , addressee,  normative content, exceptions and weight.

The rightsholder is the person who holds the right, but some rights are held by a group. Minors does not have politicicipation or marriage rights and  not all persons have minority rights. Military persons does not have freedom of speech and rights to protest.

Object is what the right is to protect. Freedom of assembly is the right to free association, without government restrictions. However participation in one's own culture is hard to define.

The addressee is the party who does something for making a right available to the rightsholder, mostly the government. Police is directed by government not to interfere with peaceful assembly and protests. States are obligated not to pass laws that restricts freedom of speech online. All states are directed to provide asylum for people suffering from hostility and ill-treatment in their country, where if one state provides asylum the right is fulfilled.

 The content of every right provides normative position of addressee and rightsholder in relation to the object of the right. It may Involve Affirmation or Denial of a right. Why a person has a right to marry, the other can deny marry that person. State may not prevent a person mary another based on cast, religion or race but on age. Each person has the right not to be tortured while other person's duty is not to be torture others.

Most human rights have exceptions. For example state may restrict freedom of assembly to control a riot or right work Strike provide electricity service to the public.

Human rights also have high priority or weight in order to other moral considerations like national pride, economic efficiency and the rights of others. Therefore human rights are not absolute. EUCHR identify several justifiable killings compared to UDHR.

Human rights deal with contemporary problems. Ancient Greece had no social security and there was no fair trial in pre-legal societies.  Human rights stated in UDHR protect people from most common abuses mostly by states, for enabling  fair trials, freedom of expression and assembly and state funded access to education.

Human rights problems are practical, urgent, theoretical and abstract, where activism focused on unlawful imprisonment, torture and political menders which requires legitimate governance and better life conditions, hence two dimensional and exists gap between human rights activism and theory, where they only can be bridged with consensus between rights holder and addressee on the object.

The Bill of Rights and American Declaration of Independence founded human rights in God and natural law became the basis of modern Western States and legal systems, however disregarded in UDHR. Today  metaphysical moral values that makes choice between good and evil as the philosophical foundation of human rights is controversial, although value of human rights is mostly unchallenged. 


The discourse theory proposes that men can come to a reasonable consent about moral values and rules through a procedure, where ideal discourse should be free and unbiased between the participants with similar capacities, but a person following a certain rule may not mean that this rule exists morally.

References
https://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199688623.001.0001/acprof-9780199688623

http://bankrecht.uni-koeln.de/uploads/Lehrveranstaltungen/WS2016_17/Human_Rights_Horn_IVR_2013.pdf

Philosophical Foundations of Human Rights
Rowan Cruft, S. Matthew Liao, and Massimo Renzo

Open books
https://open.bccampus.ca/

Human rights in principal accepted universally as ideal standards, and incorporated in international law, however cross-cultural realities hinder protection of human rights due to lack of consensus.
Governments who violate human rights , when challenged state that critics are interfering in the internal affairs of the country, which raises a question of the doctrine of state sovereignty adopted from political theory and international law.  Evident from the collapse of Yugoslavia, after the cold war,  massacres in Serbia and Rwanda raised global concerns of protection of minority rights.

UDHR does not ground on concept of God as its a contested concept, instead enables a moral obligation for governments to adhere to the treaties, however foundations for human rights on ground not absolutely true, as truth is based on multiple perspectives that are argued by other perspectives. Therefore human rights are perspective based and not foundational..

Although the contemporary human rights doctrine consists of a well established and globally agreed set of international legal and moral standards, however they are not or cannot be theoretically founded. Therefore actions taken to protect human rights are based on principles which lack rational foundation, due to competing interests between the moral, legal, cultural and political realities and governments violating the doctrine.

Human rights stems from man's moral nature. It is not a need in life but needed for the dignity of life that combines natural, social, historical, and moral elements of life, with an ultimate purpose for securing for each person's moral status, autonomously, self control and develop themselves to pursue their purposes effective without being subject to domination and harm from others to have their own agency, which is both a metaphysical and a moral basis for human dignity.

Humanist grounds for human rights

Humanist grounds for human rights

(1) Social relativism : Each society has established a set of rules to regulate human relationships to maintain a level of social cohesion like Code of Hamurabi or Bill of Rights. But their moral and legal concepts are based on relatively whats good, right or just, but does not help evaluate one society as better than the other.

(2) A universal moral law provides the basis of all morality and justice and help may project moral values into material world and human consciousness.

(3) Any moral order within a family, a nation, or a civilization forms consciousness to develop a Spirit.

(4) free socio-economic formations of material life conditions of classes separated by social ruptures – revolutions and cultural gaps.

Human rights in principle accepted universally as ideal standards, and incorporated in international law, however cross-cultural realities hinder protection of human rights due to lack of consensus. 

Governments who violate human rights , when challenged state that critics are interfering in the internal affairs of the country, which raises a question of the doctrine of state sovereignty adopted from political theory and international law.  Evident from the collapse of Yugoslavia, after the cold war,  massacres in Serbia and Rwanda raised global concerns of protection of minority rights.

UDHR does not ground on concept of God as its a contested concept, instead enables a moral obligation for governments to adhere to the treaties, however foundations for human rights on ground not absolutely true, as truth is based on multiple perspectives that are argued by other perspectives. Therefore human rights are perspective based and not foundational..

Although the contemporary human rights doctrine consists of a well established and globally agreed set of international legal and moral standards, however they are not or cannot be theoretically founded. Therefore actions taken to protect human rights are based on principles which lack rational foundation, due to competing interests between the moral, legal, cultural and political realities and governments violating the doctrine.

Human rights stems from man's moral nature. It is not a need in life but needed for the dignity of life that combines natural, social, historical, and moral elements of life, with an ultimate purpose for securing for each person's moral status, autonomously, self control and develop themselves to pursue their purposes effective without being subject to domination and harm from others to have their own agency, which is both a metaphysical and a moral basis for human dignity.

Human right may compete with other human rights and be overridden by another human right, when it requires action to protect human rights of others, hence not universal.

The claims of state sovereignty, cultural autonomy, and group rights cannot always be solved by law, are morally and politically questionable. The right to self-determination is a legal right but not realistic in some societies as Laclau and Mouffe, Rorty, Dworkin, Maclntyre, and Donnelly approaches on morals, metaphysics, reason and cultural relativism.

Maclntyre is criticizes the concept of human rights while Laclau, Rorty, and Dworkin support human rights on the basis of liberal culture. Donnelly states the need for protecting human dignity under modern conditions.  The doctrine of human rights is universally true as a way to balance the conflict between rights to freedom, well-being, rights of others in diverse cultural and political societies.

The practical realization of human rights is a confrontation between governments and ideological camps where social movements and cultural transformation for social equilibrium are essential to achieve consensus for human freedom and social justice.

Constitutionalism implements the rule of law, in order to ensure security in relations between individuals and the government, which defines powers, limits, responsibilities and behaviors of the government. It is the foundation of protecting the rights and liberties of individuals in the society. Constitutionalism ensures people's right to participate in governance and formulation of laws and policies for the country.

Rights are collectives choices incorporated into constitutions passed by legislature defines relationships between rights holder, object and addressee. They are aimed to ensure autonomy, giving a person freedom to make independent decisions, without interference of others or government. The fundamental premise of constitutional rights is equality, which defines what each member of a society is entitled to have. It defines how we treat each other as equals when we are making collective choices. Therefore institutionalization of rights ensures democratic accountability, require structuring of democratic relationships.     

Human Rights are relationships between each individual and their society, possess a historical nature. From ancient times societies established rights, obligations, behaviors as social norms for their members to maintain social order.

Cicero (106–43 B.C.), Roman statesman and philosopher, contributed to thoughts of natural law, that gives both privileges or rights, and responsibilities or duties of man in his works De Re Publica (On the Commonwealth) describes Roman constitutional theory. and De Legibus (On the Laws) discuss how the laws should be.

The Republic is written by Plato around 380 BC, concerning justice on Socratic dialogue, states the order and character of the just city-state, and the just man, is one of the most influential works of philosophy and political theory, discuss meaning of justice and whether the just man is happier than the unjust man, propose a series of different, hypothetical cities in comparison.  Socrates states that justice includes helping friends, but a just man would never do harm to anybody.

Human rights is a product of a natural law, stems from various philosophical and religious foundations, as well as moral behavior developed through social evolution, where individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (Rawls) – a social contract. Socrates and his heirs, Plato and Aristotle, considered the existence of natural justice or natural right of a man. Stoics attributed to development of natural justice into one of natural law, taught that "virtue is the only good" for human beings, and that external things—such as health, wealth, and pleasure, are not good or bad in themselves, forms a major foundation  to virtue of ethics.

Thomas Hobbes suggests the idea of social contract where "a group of free individuals agree for the sake of preservation to form institutions to govern them. They give up their natural complete liberty in exchange for protection from the Sovereign." John Locke's theory states that "a failure of the government to secure rights is a failure which justifies the removal of the government, and was mirrored in later postulation by Jean-Jacques Rousseau in his "Du Contrat Social" (The Social Contract).

Karl Marx criticized the Declaration of the Rights of Man and of the Citizen as bourgeois ideology stating that "Liberty consists in being able to do everything which does not harm others.", stated that  Security is the supreme social concept of a bourgeois society... where that real freedom is to be found positively in our relations with other people, to be found in human community, not in isolation.

Soviet concept of human rights is different from West, declares that state is the source of human rights and law as an arm of politics and courts as agencies of the government. Therefore extensive extra-judiciary powers were given to the Soviet secret police agencies.

Human rights have been incorporated in teachings of most religions. The right to equality and non discrimination has been a foundation of most religions, the code of Hammurabi, explicitly mention the need to protect the weak against the strong. Although the human rights not specifically mentioned in the Bible, its believed that the concept of human rights comes from the Ten Commandments 6 to 10 which prohibits murder, adultery, steal,  giving false evidence, envious of goods is related to right to life, equality, non discrimination, justice and property. On Doctrine of the government, Romans 13:1-7 and 1 Peter 2:13-17, states that God instituted government with mandates to commend what is right (Romans 13:3, 1 Peter 2:14), to punish those who do wrong (Romans 13:3-4, 1 Peter 2:14) and to promote human well-being (Romans 13:4).

Buddhism  teaches that all  human  beings  as  equal  in  dignity  and  rights  irrespective of their caste, race and gender. The Buddhist Panchaseela or Five Virtues, recognizes right to life  and  the  right  to  property. The Dhammapada states that all fear death, hence  one  should neither  kill  nor  cause  to  kill  (22:  129). Buddhist philosophy introduces four characteristics of kindness as friendliness , compassion, equality, sympathy. The dasa raja dharma is 10 principles of good governance to be practiced by Kings lays foundations moral  basis  of social relations.  Human Rights are relationships between each individual and their society, possess a historical nature. From ancient times societies established rights, obligations, behaviors as social norms for their members to maintain social order.

Islamic interpretation of freedom is different from the West, where freedom is defined by spiritual liberation with responsibility towards god. Islam prohibits Adultery, murder, theft cheating, stealing, corruption and promotes wealth to flow from the rich to the poor.

In Hindu philosophy Upanishads literature proclaim universal oneness and universal well-being, sees the World as One Family. The Bhagavad Gita sacred religious text of pre vedic period presents human values for a righteous warrior engaged in a just war. The Mahabharata story brings out the complexity of human nature and problems between the right and wrong deeds of four great warriors Arjuna,Karna,Drona and Bhishma, sets examples of human values in Hinduism.

https://www.researchgate.net/publication/315863913_Human_Rights_in_Buddhism

In Hindu philosophy Upanishads literature proclaim universal oneness and universal well-being, sees the World as One Family. The Bhagavad Gita sacred religious text of pre-vedic period presents human values for a righteous warrior engaged in a just war. The Mahabharata story brings out the complexity of human nature and problems between the right and wrong deeds of four great warriors Arjuna, Karna,Drona and Bhishma, sets examples of human values in Hinduism.

Niranjan Meegammaana
Shilpa Sayura Foundation