Posted by
Jack Fisher on Saturday, September 04, 2010 3:51:41 PM
On December 10th, 1948, the recently created United Nations General Assembly adopted the universal declaration of human rights. This document, which has been translated into 375 languages and voted for by 48 countries outlined a framework for human rights and the defense of those rights. It set a standard for every nation and state to follow with respect to how individuals of all nationalities should be treated. It contains 30 articles and they all sound so good. They’re great talking points for any public figure who wants to be seen as a champion of what’s good and decent. Each article is listed below and it’s hard to disagree with many of them.
Article 1
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13
1. Everyone has the right to freedom of movement and residence within the borders of each state.
2. Everyone has the right to leave any country, including their own, and to return to their country.
Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16
1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17
1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the government of their country, directly or through freely chosen representatives.
2. Everyone has the right of equal access to public service in their country.
3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organisation and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23
1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26
1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27
1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realised.
Article 29
1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
But like so many things in political matters, what sounds good on paper doesn’t always translate to real life. First of all, this declaration is unbinding. That means that it’s all for show. Pretty much any nation can break these articles and suffer no consequences whatsoever. And they do. Since the adoption of this declaration, countries like the USSR, Saudi Arabia, Iran, Cambodia, China, Venezuela, Mexico, India, and much of Africa have gotten away with horrendous human rights abuses that include slavery, genocide, discrimination, and persecution. Since there are not courts or authorities to enforce these laws, there are no consequences. But it’s not just the unfriendly nations that get away with it. Even countries like America are guilty of breaking this seemingly universal declaration.
When this document was signed, widespread racial discrimination was still rampant throughout America. The coercive forces of religion and government had no problems getting around these issues. Among the countries that oppose this declaration are those in Islamic countries. Some of these tenants go against their religion, especially when it comes to issues regarding race and gender. Human rights mean nothing in the face of traditions no matter how draconian they may be. Even some non-Islamic countries like those in the former Soviet Union are highly critical and not all their criticisms are invalid.
Those such as Karl Marx stated with reasonable assertions that these rights in practiced were reserved only for those deemed part of “civil society.” For those who were outside this society, which he called the proletariat but in many respects it could apply to any oppressed minority, these rights did not apply. These rights were a tool of the privileged class to keep their state in society and protect themselves from the minorities. Decades of social progress has rendered some of Marx’s concerns invalid, but at the time his reasoning did have some merit.
Even earlier figures in history had a critical view of attempts to define human rights. One of those figures was Alexander Hamilton, who was very influential in the early days of the American Republic. He was one of the founding fathers who was against the idea of submitting a Bill of Rights. His reasoning wasn’t completely flawed. He stated that simply asserting that the government could not infringe upon a right implied that the government has the authority to grant that right to begin with. So it was an indirect means of granting the government power.
More recently a critique by Charles Blattberg in his essay “The Ironic Tragedy of Human Rights” that these rights are too abstract. They’re basically fancy words on paper that are good talking points, but not tangibly measurable in a societies that don’t have certain legal traditions. Others like Alasdair MacIntyre criticize the notion that the mere act of being human enabling rights was illogical for the same reason that being human enables us access to food even if noting was done to earn it.
It’s hard to argue against human rights, but the very principle is at the core of liberty. Human rights, however they are defined, reflect the concept of individual liberty. The problem is defining what that liberty entails. The UN Declaration is not a comprehensive list. It does not have a provision that reserves rights for people that are not explicitly stated such as the 9th Amendment of the US Constitution does. It also makes no mention of sexual orientation as a minority class. This is because in 1948 homosexuality was still considered a mental illness. That has changed and this document hasn’t been changed with it. This is because the prevailing forces of religion and tradition push back against such redefinitions. In many non-Western countries it is still illegal to be homosexual and in some of those countries it is a capital offense.
Another problem with this list is it makes a lot of what are known as positive rights. These are rights that are believed to be exerted by the states. The right to schooling and social security are among these rights. The problem with positive rights are that in order to grant them, the state is required to usurp another right in order to pay for them. The state needs to tax people in order to grant these rights, which involves taking the rightly earned property of other individuals.
Positive rights are also ambiguous as to limits on government. In the legal traditions of the USSR and China, the source of all rights come from the state. That means the state has the power to dispense those rights as it pleases with little regard as to limits on doing so. They can give a right and take one away on the whims of whoever is running the state. It presents all sorts of legal challenges because if the state is the source of rights then what protects the individuals from the rights the state usurps?
In the history of histories, human rights have emerged only when the forces of tradition, religion, and government are limited. Movements like the American Revolution, the Protestant Reformation, Secularism, the Civil Rights movement, the Abolitionist movement, and the Enlightenment were all key in that they fought to limit the authority of a higher state-like entity. The concept revolves around overly powerful entities trying to protect that power by infringing upon the life, liberty, and property of other individuals. So historically speaking, it’s the limits of power and authorities that maximize the freedoms of human beings.
To make a right more tangible, it needs to include something tangible. One of aspect of all liberal legal traditions is the importance of property defense. Property is one of the only rights that can be physically measured. Property extends to both life and liberty in the sense that someone owns their own body as property and they have the liberty to do with that property whatever they wish so long as it does not damage the property of another. So what rights can be drawn from these traditions?
As an experiment, I encourage people to come up with their own declaration of human rights. Here’s my tentative list:
1. No state or institution, religious or secular, shall infringe upon or harm an individual’s person or justly acquired property.
2. No state or institution, religious or secular, shall infringe upon or hinder the freedom and liberty of an individual to do with their property as they see fit provided that action does not directly or indirectly harm the property of another individual.
3. No state or institution, religious or secular, shall deny any individual equal protection under the law from any infringement or harm against their person or justly acquired property.
4. No state or institution, religious or secular, shall deny an individual the ability to acquire property provided the acquisition is done justly without theft or fraud.
5. Any expression or conduct through an individual or their property that not specified in this declaration, provided such actions do cause direct or indirect harm to other individuals and their property, shall not be infringed upon or usurped by any state or institution, religious or secular.