1. UNIVERSITY OF OSLO Department of Political Science When Might Becomes Human Right – How Ontological Realism Matters in Life and Learning Professor dr.philos. Janne Haaland Matlary, Institute of Political Science, University of Oslo and the National Defence University College Guest Lecture, Catholic University, April 19th, 2011

2. UNIVERSITY OF OSLO Department of Political Science First Principles in Life and Learning: What is a human being? How can we know, if at all? Is there truth to be discovered? If yes, human rights exist If no, they are politics – or positive law – In my own life, the quest for answers led me to the Church and to my profession

3. UNIVERSITY OF OSLO Department of Political Science The Catholic intellectual contribution Is tremendous – you probably take it for granted, but in Norway there are no Catholic high schools or universities But historically, the Church invented both – Benedictine schools early in Roman empire, church ran education in many states to the present day Church at forefront of knowledge and all sciences, ex. Jesuits and astronomy Pontifical Academy of Science

4. UNIVERSITY OF OSLO Department of Political Science The essence of being and knowing Is the human being and the question of meaning There is no contradiction between faith and science It all starts with ontology – that which exists, then with epistemology – how we know Take the Nobel Peace Prize to Liu Chiabou: Does his freedom of expression exist when his government says no? - Likewise, can slavery be adopted if a majority wants it? – The answer depends on ontology

5. UNIVERSITY OF OSLO Department of Political Science Arguments All that exists, is power, therefore All law is but positive law Ergo, freedom of expression exists if the Chinese politbureau so decides Freedom of expression is a function of human dignity, Is inherent and inalienable, thus apolitical Ergo, freedom og expression belongs to Liu

6. UNIVERSITY OF OSLO Department of Political Science Aristotle versus Nietszche Aristotle: man is a social and rational animal Ergo, he can reason about both «fact» and «value», what we call natural law Nietszche: will to power is the human drive, Ergo, power determines everything The Church developed the natural law tradition and upholds it

7. UNIVERSITY OF OSLO Department of Political Science What are human rights? 1946 The Nuremburg Trials – a higher law than positive law 1948 The Universal Declaration of Human Rights – authoritative, ’peremptory norms’ ”Human rights are based on human DIGNITY and are INHERENT” – preamble Natural law tradition in Europe and in US liberal arts colleges and universities

8. UNIVERSITY OF OSLO Department of Political Science After 1948… No importance until 70s (anti-apartheid), and Carter’s presidency Only really important at end of Cold War when communism ceased to insist on absolute state sovereignty Human rights take precedence over state sovereignty in international law States are obliged to secure the HR of their citizens

9. UNIVERSITY OF OSLO Department of Political Science The Power of HR Through the international courts (ICC; ECHR, ICTY, Rwanda-tribunal) Through monitoring Through media and NGO ’shaming’ – scrutiny from international and national actors HR only «common ideology» today

10. UNIVERSITY OF OSLO Department of Political Science Other HR sources European Convention of Human Rights,1950; court in Strasbourg Especially important on rights of prisoners, fair trial, etc. But valid only for signataries Norway is inspected by Council of Europe and reprimanded, visits to prisons, etc. We have been critisized over our use of custody

11. UNIVERSITY OF OSLO Department of Political Science Also the EU develops HR A Charter of HR Is part of the constitutional treaty, may become law Own court HR conditionality towards third countries, including trade partners EU major actor besides the US

12. UNIVERSITY OF OSLO Department of Political Science Human Rights to stay From European to Universal, but only politically and legally important after 1990s Aggressive advocates want to change human rights – or can they be changed? Ex. The family and marriage Legal view that HR are dynamic – and politically the HR concept is extremely useful

13. UNIVERSITY OF OSLO Department of Political Science A Bill of HR into the Norwegian Constitution? I sit on an expert panel tasked to propose how to do this Europeans depend on the Strasbourg Court today. They just ruled on the presence of crucifixes in Italian state schools. This case illustrates the dilemma: If HR cannot be defined objectively, they become powerful political tools of manipulation Lautsi vs. Italia - case

14. UNIVERSITY OF OSLO Department of Political Science The Holy See and Human Rights I negotiated for the Holy See in several UN conferences We uphold and support international human rights The Declaration of Human Rights of 1948 is a natural law document But how should one interpret «evolution», development, etc? Checks and balances needed in international system