The Human Being as Subject and Not Object 6/19/2018 Sherrie Brown LSJ/CHID 434 20 January 2010

What is a Human Right? Is a natural right—every person has certain rights simply by being. Has a moral authority even when not written in law. Is inalienable (not capable of being transferred to another). What government does not give, government cannot take away. Basic standards without which people cannot live in dignity. To violate a human right is to treat other as though he/she is not human.

Brief History Idea that everyone—by virtue of his/her humanity—has rights is relatively new. Roots lie in earlier traditions/documents Tradition of “golden rule” Assertions of individual rights—e.g., Magna Carta (1215), English Bill of Rights (1689), French Declaration of Rights of Man and Citizen (1789), US Constitution/Bill of Rights (1791).

Historical Antecedents… Efforts in 19th Century to prohibit slave trade and war. 1919 ILO established to oversee treaties protecting workers’ rights. League of Nations at end of WWI. Roosevelt’s 1941 State of the Union address—i.e., 4 essential freedoms. Nuremberg Trials in Germany and trials in Japan.

United Nations Charter 1945 Member states pledged to promote respect for human rights of all. Includes “inherent dignity and equal inalienable rights” for all. Established a Commission on Human Rights with task to articulate fundamental rights and freedoms.

Universal Declaration of Human Rights 1948 “All human beings are born free and equal in dignity and rights.” Influential albeit only a “declaration.” Has achieved status of customary international law because people regard it as a common standard of achievement for all people.

Statements Re: the UN Declaration “Vision of freedom linked to social security, balanced by responsibilities, grounded in respect for equal human dignity and guarded by the rule of law.”* It possesses, “no legal force and, probably only inconsiderable moral authority.”* “Extreme suffering and deprivation—whether due to human or natural causes—often, though not often enough, elicit practical responses.”* “Culture is prior to law.” *Glendon, M.A. A World Made New (at 235-238)

Rights-Based Approach to Disability Equal opportunities model is growing—shift from welfare model to rights. What are the underlying philosophical assumptions that drive this change? Quinn and Degener look at the values behind civil rights, socio-economical and political rights.

So… Values give rise to--- Freedoms --- Such as? Freedoms --- Supported by Human Rights Law.

But… Challenge is putting these values into practice in context of disability. Problem is primarily one of the invisibility of disabled people. Viewed as OBJECTS (problems) not SUBJECTS (stakeholders) of rights. Law not applied to them in the same way as others – or not at all.

What are those values? Dignity Autonomy Equality Solidarity

Dignity People valued because they are inherently worthy. 6/19/2018 Dignity People valued because they are inherently worthy. Problem in pplying this value to disabled individuals? Social construct (difference is not innate). Norm on which one is evaluated and labeled is based on power. Serves to both separate and exclude.

Autonomy People should be able to freely make life choices; presumption for self-directed action and behavior. Problem in applying to disabled individuals? Reality that some are dependent to greater degree than nondisabled individuals. Society hasn’t done enough to enable exercise of self-determination.

Equality Requires evenhandedness by and of the law. How do we ensure this with disabled individuals? Equality of Opportunity? Equality of Results/Outcomes? Maybe we can’t?

Equality of Opportunity The process through which the general system(s) of society, such as the physical and cultural environment, housing and transportation, social and health services, educational and work opportunities, cultural and social life, including sports and recreational facilities, are accessible to all. What does accessible to all mean? How do you measure this?

Solidarity States that all rights are interconnected. 6/19/2018 Solidarity States that all rights are interconnected. To achieve this for disabled individuals? Removal of barriers in civil rights and nondiscrimination law insufficient. Often requires additional (affirmative action?) support.

Reading questions: What is the “social construct” of disability? What are the “premises” of the model? Civil, political, and socio-economic sets of rights. How are these defined?

How you defined Equality… 6/19/2018 How you defined Equality… It means that everyone is treated the same regardless of any characteristics that make them who they are. I would define equality as an even playing field. That every person has the right to be given the same opportunity regardless of physical or mental differences. Equality means there is no discrimination. Equal opportunity to voice opinions/ needs & participate in civil matters. No one group having more control or power over another. However, I feel that there is almost no such thing as equality because it can never be obtained. I prefer terms like humanity, tolerance and respect. Being treated fairly.

Question to Ponder If equality is measured by “fairness” and application of the law in the “same” manner (equal protection?), do these rights satisfy you? “Just and favourable remuneration ensuring…an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.” “Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.”