[A compilation of bare-bones Human Rights truisms]

 

Some general truisms

 

  1. A human right is both a right to something and a right against somebody.

 

  1. Human rights (HR) dignify rather than victimize or patronize people….plus they make people more powerful as claimants.

 

  1. But in spite of the fact that HR constitute the very foundation of the UN, the organization did not take a lead in promoting HR during its first 40 years of existence (!).

 

  1. According to the UN Charter and the Universal Declaration of HR, all basic needs should be recognized as HR. But not all needs are rights –all HR merely reflect basic human needs.

 

  1. Basic needs are about having while HR are about being.

 

Ethics and Human Rights

 

  1. The strongest argument for the universality of HR has been the idea of non-ethnocentric global ethics, including a set of moral minima.

 

  1. One way to safeguard HR as moral standards has been to codify them into HR instruments or covenants.

 

  1. But moral standards change over time; they are made by people for people. They reflect shared values in a given era. (Historically, though, these moral standards have been imposed by the ruling elites or the church).

 

  1. HR being human constructs means that new rights will be constructed and gradually codified.

 

  1. Ergo, introducing HR means sharing moral indignation about the injustices in the world.

 

Democracy, Human Rights and Development

 

  1. Human rights, democracy and development have one thing in common: they all represent un-achievable aspirations. Most countries purport to strive towards these goals. Of the three, development is the least threatening concept for existing power structures; HR can be realized progressively, but democracy is threatening to many.

 

  1. HR and democracy are independent, true, but are bound by a pursuit of a common agenda.

 

  1. Interestingly, democracy is never mentioned in the UN Charter (!).

 

  1. Development is a necessary, but not sufficient condition for the realization of HR.

 

  1. The realization of HR is a necessary, but not sufficient condition for human development.

 

  1. If all HR are realized, we have democracy. HR can only be realized in a democracy. The MDGs require both!

 

  1. The Right to Development is a right to a particular process of development in which all HR can be progressively realized.

 

  1. The Right to Development is a right to a process, but it is also a right to the outcome of the process. It is not either/or, it is both.

 

  1. Sustainable human development calls for pursuing both democracy and HR.

 

  1. Compared to democracy, HR hold a very powerful institutional position in the international stage. HR have recognition, international legitimacy and are ruled by binding agreements monitored by UN bodies.

 

  1. HR standards can be met in a non-democratic country. Benevolent authoritarianism is undesirable, but is better than non-benevolent forms of government.

 

Claudio Schuftan, Ho Chi Minh City

cschuftan@phmovement.org

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