Human Rights 6 Questions Introduction to Human Rights Edmund Ryden SJ 14 September 2011

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 ？

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 Violence,

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

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

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

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.

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.

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

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

Groups of Right-Holders  Women  Children  Migrant Workers  Indigenous People  Physically and mentally challenged persons  States may have rights  Do animals have rights?

4 What is the Content of Rights?  Civil and Political Rights  Economic and Social Rights  Rights to development  Group rights  Negative rights  Positive rights

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

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

Social Rights  Right to housing  Right to health  Right to a healthy environment  Access to drinking water  Sufficient food  Adequate nutrition

Cultural Rights  Education  Arts  Museums  Use of one’s native language and script  Traditional festivals and holidays  Clothing and Food

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.

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.