Human Rights: An introduction
What they are, where they come from, and why we care
One would be hard-pressed to live in the United States of America without being familiar with the concept of human rights. These rights are the foundation of any liberal society (here “liberal” refers to the political philosophy believing in the autonomy of the individual over the state and the legal protection of said individual’s liberties).
The debate over what one may be compelled to do (or not do) is centered upon that very question: What are human rights?
It is a big topic with a variety of other questions wrapped within it. From what stems human rights? Who or what creates them? Enforces them? Can such rights ever be violated or withheld? What is the difference between a right and a privilege? Between a right and a law?
For the sake of brevity and intent, this column will address the idea of what makes a human right; examples of these rights will be drawn from the US Bill of Rights; and, conclusively, why a widespread knowledge of — and commitment to — these rights is foundational to an operable democracy with free citizens.
In answer to the question “What constitutes human rights?”, an answer may be found in the United Nations’ Universal Declaration of Human Rights[1]. As it is a long text, a more palatable breakdown is available on the UN Human Rights’ Office of the High Commissioner’s site[2]. The site reads:
Human rights are rights we have simply because we exist as human beings — they are not granted by any state. These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. They range from the most fundamental — the right to life — to those that make life worth living, such as the rights to food, education, work, health, and liberty.
As stated above, human rights are universal – they are available to every human being, regardless of circumstance. The site goes on to identify other important characteristics of human rights: they are inalienable – they cannot be restricted except under exceptional circumstances (such as due process or imprisonment). They are indivisible and interdependent, meaning that an infringement upon one set of human rights would impede upon the fulfillment of others.
So there it is. Human rights are those rights owed to every individual simply by virtue of their being a human being. Their value is in that they contribute to — or, even, are essential in — making life worth living. And, lastly, their fulfillment is dependent upon one another to such a degree that the loss of one is the loss of others.
In the US, the most well-known document concerning human rights is the Bill of Rights. Originally ratified in 1791, the Bill of Rights[3] is a collection of amendments to the Constitution intended to protect the interests of US citizens. That is to say, whereas the Constitution establishes governmental power, the Bill of Rights establishes protections for individual liberties. Note: it is important to recognize that while more amendments have been made to the Constitution, the Bill of Rights identifies only the first 10 amendments.
The First Amendment famously grants five separate liberties, including the freedom of speech, wherein an individual shall not be censored or punished for the expression of an opinion. Also included is the freedom of religion, wherein an individual cannot be made to practice (or not practice) any form of spiritual belief. These are echoed in the UN’s Universal Declaration of Human Rights, whose preamble states, “the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people”[1].
This mirroring is not idly done. The concept of free speech has foundations in Greek texts over 2500 years old as being central to a free society. The freedom of religion, though not being so termed in ancient texts, exists as a necessity in free society through not only logical thought but also through historical study. An American example would be the Puritans’ migration to New England in the 17th century. This mass movement was motivated by persecution for their beliefs — that is, by their lack of religious freedom.
Other foundational rights include things often taken for granted within Western society, such as the right to due process (the Fifth Amendment), the right to trial by an impartial jury (the Sixth Amendment), and freedom from cruel or unusual punishment (the Eighth Amendment). Such rights are indispensable in considering what makes the US the land of the free.
Knowing now what human rights are and of some examples within the U.N. and U.S., one might very well arrive at the question, “So what?” If such rights are inherent within human life and are protected by legal doctrine, why does one need to know of them? What good does it serve?
Simply put, it is every citizen’s obligation to know their rights in order to properly protect them. Though there are no laws stating such and this writer would not deign to claim divine imperative, there are hints even within the U.N. Universal Declaration of Human Rights alluding to this obligation. The text states that its member states “…shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance.”[1] Here, universal and effective recognition and observance identifies that all must be able to identify human rights — as such rights pertains to themselves and others — and to follow the ideals of said rights.
Another significantly important factor in one’s being aware of their rights is that underpinning the very nature of democracy: every person has a say in how we, the people, are governed. To be ignorant of the human rights belonging to all leaves open the possibility of acting against one’s own best interests. Furthermore, even if one knows their human rights but are not committed to them, they may act against the rights of another, which constitute a violation of universal human rights. As John F. Kennedy put it, “The rights of every man are diminished when the rights of one man are threatened.”
The modern state of humanity is one reached after thousands of years of strife and progress. Though the concept of human rights is not new, the protections of (or transgressions upon) them are unique to every society. Contemporary documents governing what these rights are and how they must be defended – like the UN Universal Declaration of Human Rights and the US Bill of Rights – are under constant critique, both by those seeking to uphold them and those seeing to dismantle them.
This is why it is imperative that every individual be made aware of those rights innate to every person that they might defend their own rights and avoid trampling upon the rights of others. Because human rights are, by their very nature, universal, a society wherein human rights do not exist for every person is one in which they do not exist at all.
Barnard Street Tattler 