What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, (...) interests or needs. Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each section is structured as a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question. The introduction from the editors will guide researchers and students navigating the diversity of views on the philosophical foundations of human rights. (shrink)

Some foundations have been provided for the social validity of human rights in Western philosophical literature. Some African scholars have also sought to ground the notion of human rights within the traditional African cultural beliefs and practices. There is, however, a dearth in literature on the Yoruba notion of human rights. Perhaps this may be due to scholars’ attitude that any talk about human rights is incompatible with the communalistic social structure (...) of the Yoruba. The present paper challenges this prevalent attitude by providing some philosophical foundations for human rights within the limits permitted by the Yoruba world-view. The paper attempts a theoretical reconciliation between the Yoruba claim to communitarianism and the possibility of human rights. The paper concludes that, in spite of the seemingly antinomic relation they bear to each other, the idea of human rights is neither practically meaningless/unintelligible in a communitarian society, nor is it conceptually incompatible with the communitarian ideology. Keywords: Philosophical foundations, Human, Rights, Communitarianism, Yoruba. (shrink)

The introduction introduces the history of the concept of human rights and its philosophical genealogy. It raises questions of the nature of human rights, the grounds of human rights, difference between proposed and actual human rights, and scepticism surrounding the very idea of human rights. In the course of this discussion, it concludes that the diversity of positions on human rights is a sign of the intellectual, cultural, and (...) political fertility of the notion of human rights. The chapter concludes with an overview of the chapters present in the volume. (shrink)

UNESCO pub. Essays on the basis of human rights in philosophy - discusses the legal aspects and the Universal Declaration of Human Rights; compares the perspectives of Western Europe, India, Latin America, Africa, etc. And Islam; considers individual and collective rights, responsibility, ethics and religion.

Human rights, as legally understood, must be safeguarded. This presupposes a state of law. The safeguarding of human rights further presupposes an independent judiciary applying the law in a community with common values and aspirations. The foundation of human rights is an individualistic philosophy dependent on the respect for truth and the possibility for the individual to attain it. The respect for the dignity of the human person is the result of a long (...) historical development from this starting point. (shrink)

This essay questions what is argued by many scholars today, namely that the moral concept of human dignity provides the basis for the establishment of human rights. More specifically, I critically discuss the two most prominent conceptions of human dignity, the ‘status’ and the ‘value’ conceptions of dignity, which are suggested today as the foundations of human rights. Ultimately, I propose a different, ‘duty-based’ philosophical account for the justification of the latter.

While H. Odera Oruka is best known for his views on sage philosophy, he spent a considerable portion of his philosophical career agonizing over the question of human rights. The present paper argues that there is need for further philosophical reflection on Oruka’s account of the foundation of human rights with a view to refining it.

Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. (...) This suggests a way in which constructivism about human rights might be able to coherently and plausibly negotiate the tension between the scope, the depth and the strength of discursive inclusion: the justification of rights-allocating moral-political principles needs to be premised on an “ethical”, perfectionist defense of the good of constitutive discursive standing. (shrink)

Renate Holub provides a critical introduction to the philosophical foundations of human rights as developed by the Italian philosopher Giambattista Vico [1668-1744]. She demonstrate the profoundly innovative principles he contributed to and his contemporary relevance for a global theory of justice. Leading twentieth century transatlantic intellectuals, like Joseph Schumpeter, Arthur Nussbaum, Robert Cox who, though for quite different ultimate purposes, were variably working at the intersections between sociology, economic analysis, and international legal thought, squarely recognized the gravitas (...) of the unprecedented conceptual reach of the principles governing Vico’s social science. What is central to Vico’s international philosophy is an understanding of civilizational history not marked by permanent violence between individuals or groups of people. Rather, it is an understanding which outlines a broad historical tendency towards the reduction of violence in the internal and external organizations of social relations of peoples in all global regions. Vico’s political thought developed significant elements for a global theory of justice based not on legitimations of violence, as ‘just war’ theories, but for structuring, however minimally, the conditions of ‘permanent just global peace.’. (shrink)

Can the human rights we recognize today be derived from the central Muslim text, the Qur’an? I will argue that they can, but that this requires reconceptualising the believer’s relationship to revelation. On the standard view, the believer is bound by all prescriptions in the Qur’an. By contrast, I will argue that the Qur’an prescribes two distinct kinds of norms—thin norms and thick norms—and only the latter have normative force here and now. With this novel framework for understanding (...) Qur’anic norms on the table, I address two barriers to grounding human rights in the Qur’an: the problem of omission, according to which there are rights that we want to recognize that are seemingly missing in the Qur’an, and the problem of rejection, according to which the Qur’an seems committed to rejecting some rights that we do want to recognize. I will argue that both problems can be overcome. (shrink)

This article explores an alternative to the established dichotomy between philosophical accounts of human rights, characterized by a foundationalist tendency, and political accounts of human rights, which aspire to be non-foundationalist. I argue that in order to justify human rights practice, political accounts of human rights cannot do without the support of theoretical foundations, although not necessarily of the natural-law variety. As an alternative to natural-law metaphysics, a deflationary theory of (...) class='Hi'>human rights, based on a deflationary account of truth, is put forward. Starting from a distinction between ‘extreme’ and ‘moderate’ forms of deflationism, this article defends a constructivist theory of human rights grounded on the Humean notion of conventionalism. This innovative approach to human rights provides political conceptions of human rights with the foundations they need, but are currently lacking. (shrink)

To understand the Muslim world it is essential to see it in a transnational context that is informed by its heterogeneity, power contestations, and continuous change. To understand human rights' foundations and origins it is essential to grapple with its legal, political, normative, and institutional groundings, and bear in mind its ongoing reconfigurations and global impacts. Each of these tasks is illustrated by how movements for the rights of women and sexual minorities have come to impact (...) on the transnational Muslim world and international human rights. This article explores each element within these complementary themes as a way of framing how and why the international human rights regime increasingly intersects with the Muslim world in a way that underpins challenges to authoritarian politics and the monolithic constructs of politics and society on which authoritarianism thrives. (shrink)

Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking (...) a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy. Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law. (shrink)

Despite the prevalence of human rights talk in Western jurisprudence, there has never been less belief in or acceptance of, any genuine form of objective morality. Academics reject the reality of moral objectivity and proclaim, as an objective truth, that morality is a mere “socio-historical construct”, illusory because always outweighed by worse consequences, expressions of subjective preference or mere evidence of culturally relative predilections. If morality is not that, then it is thought to be evidence of the power (...) of the ruling elite in an essentially value-free universe. This article examines moral scepticism and moral relativism as a bedrock for human rights laws. It argues that if we are to retain any coherent and meaningful concept of human rights we will have to jettison our moral relativism. (shrink)

In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, (...) family relations, and the foundations of modern political organization. This volume offers the first complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context. (shrink)

This book studies the history of intercultural human rights. It examines the foundational elements of human rights in the East and the West and provides a comparative analysis of the independent streams of thought originating from the two different geographic spaces. It traces the genesis of the idea of human rights back to ancient Indian and Greco-Roman texts, especially concepts such as the Rigvedic universal moral law, the Upanishadic narratives, the Romans' model of governance, (...) the rule of law, and administration of justice. It also looks at Cicero's concept of rights and duties which focuses on quality of compassion and fair play, and Seneca's expositions on mercy, empathy, justice and checks on the arbitrary exercise of power. An important contribution, this book fills a significant gap in the study of human rights. It will be useful for students and researchers of political science, ancient history, religion and civilizations, philosophy, history, human rights, governance, law, sociology, and South Asian studies. The book also caters to general readers interested in the history of human rights. (shrink)

The notion of “human rights” is widely used in political and moral discussions. The core idea, that all human beings have some inalienable basic rights, is appealing and has an eminently practical function: It allows moral criticism of various wrongs and calls for action in order to prevent them. On the other hand it is unclear what exactly a human right is. Human rights lack a convincing conceptual foundation that would be able to (...) compel the wrong-doer to accept human rights claims as well-founded. Hence the practical function faces theoretical doubts. The present collection takes up the tension between the wide political use of human rights claims and the intellectual skepticism about them. In particular two major issues are identified that call for conceptual clarification in order to better understand human rights claims both in theory and in practice: the question of how to justify human rights and the tension between universal normative claims and particular moralities. (shrink)

In this paper I shall defend the thesis that differing concepts of human nature (or “personhood”) lead to different ideas about what “human rights” are, about what types there are, and how rights are to be ranked according to priority. Though some correlation is obvious, as evidenced in the literature, political forums, and in case studies of many nation-states, the question that we will consider is whether this correlation is a causal relationship or whether it is (...) merely accidental and hence, not worthy of any but passing notice. But if, as I believe, some definite causal connection, perhaps in combination with other factors does exist, we are quite right in focusing attention on the disparate “personhood” concepts or foundation level which lies uncovered and central to such disagreements about human rights. (shrink)

Zasadniczym przedmiotem analiz tego opracowania jest pojęcie godności w Karcie praw podstawowych Unii Europejskiej z 7 grudnia 2000 r. Interpretacja Karty prowadzona jest z uwzględnieniem postanowień Traktatu z Lizbony z 13 grudnia 2007 r., który podniósł Kartę do rangi prawa traktatowego. Uwyraźnienie treści pojęcia godności w Karcie dokonywane jest przez pryzmat paradygmatu rozumienia godności utrwalonego już w prawie międzynarodowym praw człowieka na poziomie uniwersalnym, czyli prawa kształtowanego i funkcjonującego w ramach Organizacji Narodów Zjednoczonych. Paradygmat uniwersalny, w którego centrum znajduje się (...) uznanie godności za przyrodzoną (inherent – „nieoddzielalną), powszechną, równą i za źródło wszystkich praw człowieka, był dotąd w systemach prawnych powszechnie akceptowany. Obejmował on elementy prawnonaturalne, które po doświadczeniach z dwudziestowiecznymi systemami totalitarnymi i systemami – mówiąc słowami Gustawa Radbrucha – „ustawowego bezprawia”, uważane były za pożądane, nie tylko w prawie międzynarodowym. Przy bliższym przyjrzeniu się najważniejszym postanowieniom prawa europejskiego dotyczącym godności i podstaw praw człowieka okazuje się, że paradygmat uniwersalny został radykalnie zakwestionowany – w miejsce ugruntowania praw człowieka w czymś obiektywnym, przyjęto ich ugruntowanie w kulturze. (shrink)

This is a review of a long, comprehensive, and mostly very good collection of philosophical essays on human rights. I briefly summarise the main ideas put forward in some of the essays that I most admired in the collection. While the collection includes essays from proponents of a wide range of theoretical and methodological perspectives, I suggest in my review that the collection's overall function is to serve as a kind of demonstrative rejoinder to those philosophers, like Raz, (...) who argue that we can and should theorise human rights without trying to furnish them with philosophical foundations. (shrink)

Mitochondrial replacement therapy is a process whereby a child is created by combining the nuclear DNA of two people wishing to have a child with mitochondrial DNA donated by a third person. It poses a new question as to the extent of a person’s right to know the identity of those from whom their DNA is inherited. In commentary upon Turkmendag’s paper, I evaluate the consistency of UK regulation of this issue with the European Convention of Human Rights. (...) Under UK law, a person created using donated mtDNA is only entitled to information about the procedure which does not identify the donor. I argue that this approach is consistent with the previous European Court of Human Rights and UK judicial decisions on the rights of individuals to information about their identity and ancestry and with the deeper foundational principle which Kai Möller argues the Convention protects existential self-understanding. I conclude that, as mtDNA has not been proven to affect an individual’s life choices and outward characteristics to the extent that gamete donation does, it is acceptable to prioritize the interests that anonymous donation protects over the desire of the recipient to know the identity of their donor. (shrink)

In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, (...) family relations, and the foundations of modern political organization. This volume offers a complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context. (shrink)

The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially (...) important principles of technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application. (shrink)

What are human rights? According to one longstanding account, the Naturalistic Conception of human rights, human rights are those that we have simply in virtue of being human. In recent years, however, a new and purportedly alternative conception of human rights has become increasingly popular. This is the so-called Political Conception of human rights, the proponents of which include John Rawls, Charles Beitz, and Joseph Raz. In this paper we (...) argue for three claims. First, we demonstrate that Naturalistic Conceptions of human rights can accommodate two of the most salient concerns that proponents of the Political Conception have raised about them. Second, we argue that the theoretical distance between Naturalistic and Political Conceptions is not as great as it has been made out to be. Finally, we argue that a Political Conception of human rights, on its own, lacks the resources necessary to determine the substantive content of human rights. If we are right, not only should the Naturalistic Conception not be rejected, the Political Conception is in fact incomplete without the theoretical resources that a Naturalistic Conception characteristically provides. These three claims, in tandem, provide a fresh and largely conciliatory perspective on the ongoing debate between proponents of Political and Naturalistic Conceptions of human rights. (shrink)

In mapping out the field of human rights for those studying and researching within both humanities and social science disciplines, the Handbook of Human Rights provides not only a solid foundation for the reader who wants to learn the basic parameters of the field, but also promotes new thinking and frameworks for the study of human rights in the twenty-first century. The Handbook comprises of nearly sixty individual contributions from key figures around the world, (...) which are grouped according to eight key areas of discussion: - foundations and critiques - new frameworks for understanding human rights - world religious traditions and human rights - social, economic, group and collective rights - critical perspectives on human rights organizations, institutions, and practices - law and human rights - narrative and aesthetic dimension of rights - geographies of rights In its presentation and analysis of the traditional core history and topics, critical perspectives, human rights culture, and current practice, this Handbook proves a valuable resource for all students and researchers with an interest in human rights. (shrink)