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| Jean-Jacques Rousseau |
By Keith Tidman
Human rights exist only if people believe that they do and act accordingly. To that extent, we are, collectively, architects of our destiny — taking part in an exercise in the powers of human dignity and sovereignty. Might we, therefore, justly consider human rights as universal?
To presume that there are such rights, governments must be fashioned according to the people’s freely subscribed blueprints, in such ways that policymaking and consignment of authority in society represent citizens’ choices and that power is willingly shared. Such individual autonomy is itself a fundamental human right: a norm to be exercised by all, in all corners. Despite scattered conspicuous headwinds. Respect for and attachment to human rights in relations with others is binding, prevailing over the mercurial whimsy of institutional dictates.
For clarity, universal human rights are inalienable norms that apply to everyone, everywhere. No nation ought to self-immunise as an exception. These human rights are not mere privileges. By definition they represent the natural order of things; that is, these rights are naturally, not institutionally, endowed. There’s no place for governmental, legal, or social neglect or misapplication of those norms, heretically violating human dignity. This point about dignity is redolent of Jean-Jacques Rousseau’s notions of civil society, explained in his Social Contract (1762), which provocatively opens with the famous ‘Man was born free, and he is everywhere in chains’. By which Rousseau was referring to the tradeoff between people’s deference to government authority over moral behaviour in exchange for whatever freedoms civilisation might grant as part of the social contract. The contrary notion, however, asserts that human rights are natural, protected from government caprice in their unassailability — claims secured by the humanitarianism of citizens in all countries, regardless of cultural differences.
The idea that everyone has a claim to immutable rights has the appeal of providing a platform for calling out wrongful behaviour and a moral voice for preventing or remedying harms, in compliance with universal standards. The standards act as moral guarantees and assurance of oversight. The differences among cultures should not translate to the warped misplacement of relativism in calculating otherwise clear-cut universal rights aimed to protect.
International nongovernmental organisations (such as Human Rights Watch) have laboured to protect fundamental liberties around the world, investigating abuses. Several other human rights organisations, such as the United Nations, have sought to codify people's rights, like those spelled out in the UN Declaration of Human Rights. The many universal human rights listed by the declaration include these:
‘All human beings are born free; everyone has the right to life, liberty, and security; no one shall be subjected to torture; everyone has the right to freedom of thought, conscience, and religion; everyone has the right to education; no one shall be held in slavery; all are equal before the law’.
(Here’s the full UN declaration, for a grasp of its breadth.)
These aims have been ‘hallowed’ by the several documents spelling out moral canon, in aggregate amounting to an international bill of rights to which countries are to commit and abide by. This has been done without regard to appeals to national sovereignty or cultural differences, which might otherwise prejudice the process, skew policy, undermine moral universalism, lay claim to government dominion, or cater to geopolitical bickering — such things always threatening to pull the legs out from under citizens’ human rights.
These kinds of organisations have set the philosophical framework for determining, spelling out, justifying, and promoting the implementation of human rights on as maximum global scale as possible. Aristotle, in Nicomachean Ethics, wrote to this core point, saying:
These aims have been ‘hallowed’ by the several documents spelling out moral canon, in aggregate amounting to an international bill of rights to which countries are to commit and abide by. This has been done without regard to appeals to national sovereignty or cultural differences, which might otherwise prejudice the process, skew policy, undermine moral universalism, lay claim to government dominion, or cater to geopolitical bickering — such things always threatening to pull the legs out from under citizens’ human rights.
These kinds of organisations have set the philosophical framework for determining, spelling out, justifying, and promoting the implementation of human rights on as maximum global scale as possible. Aristotle, in Nicomachean Ethics, wrote to this core point, saying:
‘A rule of justice is natural that has the same validity everywhere, and does not depend on our accepting it’.
That is, natural justice foreruns social, historical, and political institutions shaped to bring about conformance to their arbitrary, self-serving systems of fairness and justice. Aristotle goes on:
‘Some people think that all rules of justice are merely conventional, because whereas a law of nature is immutable and has the same validity everywhere, as fire burns both here and in Persia, rules of justice are seen to vary. That rules of justice vary is not absolutely true, but only with qualifications. Among the gods indeed it is perhaps not true at all; but in our world, although there is such a thing as Natural Justice, all rules of justice are variable. But nevertheless there is such a thing as Natural Justice as well as justice not ordained by nature’.
Natural justice accordingly applies to everyone, everywhere, where moral beliefs are objectively corroborated as universal truths and certified as profound human goods. In this model, it is the individual who shoulders the task of appraising the moral content of institutional decision-making.
Likewise, it was John Locke, the 17th-century English philosopher, who argued, in his Two Treaties of Government, the case that individuals enjoy natural rights, entirely non-contingent of the nation-state. And that whatever authority the state might lay claim to rested in guarding, promoting, and serving the natural rights of citizens. The natural rights to life, liberty, and property set clear limits to the power of the state. There was no mystery as to Locke’s position: states existed singularly to serve the natural rights of the people.
A century later, Immanuel Kant was in the vanguard in similarly taking a strong moral position on validating the importance of human rights, chiefly the entangled ideals of equality and the moral autonomy and self-determination of rational people.
The combination of the universality and moral heft of human rights clearly imparts greater potency to people’s rights, untethered to legal, institutional force of acknowledgment. As such, human rights are enjoyed equally, by everyone, all the time. It makes sense to conclude that everyone is therefore responsible for guarding the rights of fellow citizens, not just their own. Yet, in practice it is the political regime and perhaps international organisations that bear that load.
And within the ranks of philosophers, human-rights universalism has sometimes clashed with relativists, who reject universal (objective) moral canon. They paint human rights as influenced contingently by social, historical, and cultural factors. The belief is that rights in society are considered apropos only for those countries whose culture allows. Yet, surely, relativism still permits the universality of numerous rights. We instinctively know that not all rights are relative. At the least, societies must parse which rights endure as universal and which endure as relative, and hope the former are favoured.
That optimism notwithstanding, many national governments around the world choose not to uphold, either in part or in whole, fundamental rights in their countries. Perhaps the most transfixing case for universal human rights, as entitlements, is the inhumanity that haunts swaths of the world today, instigated for the most trifling of reasons.
