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THE SOURCE OR JUSTIFICATION OF HUMAN RIGHTS PDF Print E-mail

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How does being human give rise to rights? To answer this question we need a theory of human nature. Although I despair of being able to offer one, I can point out some basic distinctions that provide useful insights.

Theories of human nature deal with how we define, or what it means to be, "human." In a very crude way, we can say that a scientific approach to human nature involves an empirical investigation of the psychobiological makeup of human beings. A moral or philosophical approach focuses on what it means to be a person, a human being capable of reflective action and subject to the constraints of morality. Although moral theories may be constrained by science, they address different issues.

Those who seek to ground human rights in science usually speak of basic human needs. But any list of needs that can plausibly claim to be empirically established provides an obviously inadequate list of rights: life, food, protection against cruel or inhuman treatment, and perhaps companionship. The problem may lie in contingent shortcomings of our current scientific procedures or knowledge. I would argue, however, that science is in principle incapable of providing the appropriate kind of theory of human nature. We have human rights not to what we need for health but to what we need for a life of dignity.

An anthropological approach that seeks to ground human rights on cross-cultural consensus faces equally serious problems. History is replete with societies based on hierarchies of birth, gender, wealth, or power. Likewise, many cultures have sanctioned slavery, infanticide, blood feuds, and the execution of dissidents. American history is marked by systematic torture and execution of religious deviants (witches); enslavement of and then legal discrimination against African Americans; barbarous treatment of native peoples; denial of political participation, property rights, and even legal personality to women; and repression of political dissidents (especially communists).

The human nature that is the source of human rights rests on a moral account of human possibility. It indicates what human beings might become, not what they have been historically or "are" in some scientifically determinable sense. Human rights rest on an account of a life of dignity to which human beings are "by nature" suited. If the rights specified by the underlying theory of human nature are implemented and enforced, they should help to bring into being the envisioned type of person, one who is worthy of such a life. The effective implementation of human rights thus resembles a self-fulfilling moral prophecy.

Unfortunately, no philosophical theory of human nature has widespread acceptance. Although consensus is no measure of truth, without consensus any particular theory -- and any action based on it -- is vulnerable to attack. The problem is even more severe when we recognize that many moral theories, and their underlying theories of human nature, deny human rights.

For example, Marxism explains moral beliefs in terms of class structure and struggle, which are determined by the means and mode of production. Radical behaviorists see human personality as the result of conditioning. In both cases, "human nature" is the result of historical processes that shape human beings into socially prescribed molds, rather than the reflection of an inherent essence or potential. For adherents of either theory, talk of equal and inalienable rights held by all people simply because they are human is pointless. "Simply because they are human" probably makes no sense and certainly has no substantive moral implications.

Utilitarianism, which achieved its classic formulations in the works of Jeremy Bentham and John Stuart Mill in the first half of the nineteenth century, is also at odds with human rights. Utilitarians hold that the moral quality of an act is a function of its good or bad consequences (utility). Good and bad, in turn, are matters of pleasure and pain (which are usually understood in subtle and expansive terms). The principle of utility, or what Bentham called the greatest happiness principle, requires us to act so as to maximize the balance of pleasure over pain. For a utilitarian, statements about human rights are at most a convenient shorthand for noting the tendency of certain acts to produce pleasure or pain. Human rights have no independent moral status or force.

Moral or political theories that emphasize differences between communities are also likely to be incompatible with the idea of human rights. Classical Greeks considered themselves inherently superior to "barbarians" (non-Greeks), who were not entitled to the same treatment as Greeks. The American notion of manifest destiny or the British colonial ideology of the white man's burden justified barbarous treatment of nonwhite peoples on the grounds of the superior virtue or moral development of Americans or Englishmen. Nazi Germany provides an even more extreme version of the denial of rights to "inferior races" on grounds of moral and political superiority. More recently, ethnic cleansing in the former Yugoslavia has been based on a claim of unbridgeable qualitative differences between groups. In Israel today, some Zionists and settler communities argue for unbridgeable cultural differences that require rigid physical and political separation and the subordination of Palestinian rights to the apparently "higher" demands of Jewish security.

But there are also a variety of bases for justifying human rights. Human rights have often been held to be given by God. Alan Gewirth has argued that we have human rights to those things that are necessary in order to act as a moral agent.  In my own work, I have tried to give an account of human rights as the social and political guarantees necessary to protect individuals from the standard threats to human dignity posed by the modern state and modern markets.

Human rights might also be seen as a political specification of Immanuel Kant's categorical imperative. In his Grounding for the Metaphysics of Morals, Kant argued that there is one supreme principle of morality, namely, the duty to treat people as ends, never as means only. This duty (or imperative), Kant argued, is categorical, without exception. A list of human rights can be seen as a political specification of what it means to treat all human beings as ends.

We thus have a considerable variety of possible moral justifications, as well as an array of theories that deny or radically devalue human rights. In what follows I will assume that there are human rights, that is, that we have accepted some sort of philosophical defense. This theoretical evasion is justified by the fact that almost all states acknowledge the existence of human rights. In other words, this assumption is relatively unproblematic for our purposes here, namely, studying the international politics of human rights.

 

 
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International Human Rights

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Human Rights as an Issue in World Politics

Before World War II, human rights were rarely discussed in international politics. Most states violated human rights systematically. Racial discrimination pervaded the United States. The Soviet Union was a totalitarian secret-police state. Britain, France, the Netherlands, Portugal, Belgium, the United States, and Spain maintained colonial empires in Africa, Asia, and the Caribbean. And the political history of most Central and South American countries was largely a succession of military dictatorships and civilian oligarchies.

Such phenomena troubled many people. They were not, however, considered a legitimate subject for international action. Rather, human rights were viewed as an internal (domestic) political matter, an internationally protected exercise of the sovereign prerogatives of states. Even genocidal massacres, such as Russian pogroms against the Jews or the Turkish slaughter of Armenians, drew little more than polite statements of disapproval. Less egregious violations were typically not even considered a fit subject for diplomatic conversation.

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THE SOURCE OR JUSTIFICATION OF HUMAN RIGHTS

How does being human give rise to rights? To answer this question we need a theory of human nature. Although I despair of being able to offer one, I can point out some basic distinctions that provide useful insights.

Theories of human nature deal with how we define, or what it means to be, "human." In a very crude way, we can say that a scientific approach to human nature involves an empirical investigation of the psychobiological makeup of human beings. A moral or philosophical approach focuses on what it means to be a person, a human being capable of reflective action and subject to the constraints of morality. Although moral theories may be constrained by science, they address different issues.

Those who seek to ground human rights in science usually speak of basic human needs. But any list of needs that can plausibly claim to be empirically established provides an obviously inadequate list of rights: life, food, protection against cruel or inhuman treatment, and perhaps companionship. The problem may lie in contingent shortcomings of our current scientific procedures or knowledge. I would argue, however, that science is in principle incapable of providing the appropriate kind of theory of human nature. We have human rights not to what we need for health but to what we need for a life of dignity.

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CULTURAL RELATIVISM AND UNIVERSAL HUMAN RIGHTS

Realist arguments are often reinforced by relativist arguments that moral values are historically or culturally specific rather than universal. For example, Kennan argued that "there are no internationally accepted standards of morality to which the U.S. government could appeal if it wished to act in the name of moral principles."  Many nonrealists share such relativist skepticism.

It is often claimed that there are a variety of distinctive and defensible conceptions of human rights that merit our respect and toleration even if we disagree with them. One standard form of this argument, which was particularly prominent in the 1980s, was the claim that there are "three worlds" of human rights. The "Western" (First World) approach, it is asserted, emphasizes civil and political rights and the right to private property. The "socialist" ( Second World) approach emphasizes economic and social rights. The "Third World" approach emphasizes self-determination and economic development. Furthermore, both the socialist and the Third World conceptions are held to be group oriented, in contrast to the fundamental individualism of the "Western" approach.

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POLITICS BEFORE THE COUPS

In Chile, military rule had been rare since the mid-nineteenth century. After World War II, a stable three-party democratic system emerged. And in 1970, Salvador Allende became the world's first freely elected Marxist president. Allende dramatically intensified the economic and social reforms begun under his Christian Democratic predecessor, Eduardo Frei. Large agricultural estates were expropriated. Key private industries and banks were nationalized, including Chile's (largely U.S.-owned) copper industry. Social services were expanded.

These changes were both lavishly praised and reviled, both within Chile and abroad. The resulting ideological polarization helped to set the stage for a military coup in September 1973. Allende was assassinated and a repressive military regime was installed that ruled until 1990.

In Uruguay, the military had not intervened in politics since the 1860s. Furthermore, beginning in the first two decades of the twentieth century, under President José Batlle y Ordoñez, Uruguay implemented a series of model social and political reforms that created a widely admired democratic welfare state that provided education and health care for all. The system, however, began to collapse in the late 1960s.

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Economic Reform and Economic and Social Rights

National purification also had a major economic dimension. In Chile, the Pinochet government tried to reverse not only Allende's reforms but also those of the 1960s as well. In 1975 the junta applied "Shock Treatment" (Plan Shock). Government spending declined by more than one-fourth and public investment was cut in half. Uruguay and Argentina pursued similar plans somewhat less vigorously. The aim was to privatize the economy and weaken or destroy organized labor, which was seen as a focal point for subversion. (In Argentina, for example, as many as half of the disappeared were labor activists.)

This forced march toward "free" markets produced a rapid decline in living standards. For example, real wages in Chile were one-third lower in 1976 than in 1970. Infant mortality increased dramatically.  But after the initial shock, there was limited economic recovery, especially in Chile. Although most of the benefits of growth were concentrated in the hands of a small elite, employment and wages increased while inflation declined. Economic success helped to calm at least some of the discontent with military rule. In fact, all three military governments relied on economic success to deflect attention from, or compensate for, political repression.

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HUMAN RIGHTS NGOS

If the Southern Cone provides a particularly striking example of human rights violations, it also provides a moving example of resistance. On April 30, 1977, fourteen middle-aged women, frustrated in their search for their disappeared children, met publicly in the Plaza de Mayo (the main square of Buenos Aires) in front of the Casa Rosada (the president's residence and the seat of government). The weekly Thursday afternoon vigil of the Mothers of the Plaza de Mayo -- white scarves on their heads, silently walking around the square -- became a symbol of both the cruelty of the military regime and the refusal of at least some ordinary people to bow to repression.

Although subject to harassment and even attack -- nine people associated with the mothers, including two French nuns, permanently disappeared on December 10, 1977, after evening mass -- the mothers persevered and grew in numbers and in strength. By 1980, they had almost five thousand members and were able to set up a small office.

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THE COLLAPSE OF MILITARY RULE

The Argentine military, ironically, finally fell from power after it lost a conventional war with Britain over control of the obscure Falkland Islands. Argentina had long protested British occupation and control of the Malvinas, as they are known in Latin America. In April 1982, the junta decided to reclaim them by force, a ploy to deflect public attention from the collapse of the economy during the global recession of the early 1980s.

But when the invasion was decisively repulsed, the Malvinas episode completed the military's humiliation rather than rescuing its reputation. Having attacked its own people, brought the economy to the brink of ruin, and then embarrassed itself and the country before the entire world, the Argentine military had little choice but to permit a return to civilian government. On October 30, 1983, Raúl Alfonsin won the national presidential election. He took office on December 10, the thirty-fifth anniversary of the adoption of the Universal Declaration of Human Rights.

In Chile, the economy also collapsed in the early 1980s. In 1982, per capita gross domestic product declined one-sixth. By March 1983, onethird of the labor force was unemployed. The minimum wage lost between one-fifth and one-half of its purchasing power. Close to half of Chile's children were malnourished, an appalling situation in a country that had previously been relatively prosperous. A wave of bankruptcies brought hard times even to the middle and upper classes.

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Racial Discrimination, Women's Rights, Torture, and Children

Regimes on racial discrimination, women's rights, torture, and the rights of the child have developed around similar treaty-reporting schemes.

These treaties give added international prominence to the rights they address. The mandated periodic review of reports provides additional international scrutiny of state practices in these areas. And the treaties give greater range, precision, and force to the much more general formulations of the universal Declaration and the Covenants.

For example, the torture convention states that "No exceptional circumstances whatsoever, whether a state of war or threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture". Orders from superiors are explicitly excluded as a defense. Special obligations are established for training law enforcement personnel and reviewing interrogation regulations and methods. To reduce incentives for torture, statements obtained through torture must be made inadmissible in all legal proceedings. The convention also requires that wherever the alleged torture occurred and whatever the nationality of the torturer or victim, parties must either prosecute alleged torturers or extradite them to a country that will.

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