In this brief article, I will raise some challenges to each of Pablo Gilabert’s arguments for a human right to democracy (HRD). First, I will question whether the instrumental case for affirming a HRD is as strong as Gilabert and others have suggested. I will then call into question the argument from moral risk, arguing that, for any particular country, we should not operate with a strong presumption that they should pursue further democratization as a high-priority goal. Finally, I will (...) consider the strength of our intuitive support for a stringent human right to democracy. As Gilabert points out, there could be a genuine HRD, even if it did not always provide us with an overriding reason to call for the implementation of democracy. I will explore how much normative priority claims to respect democratic decisions have by considering what we have reason to do when democratic decisions would lead to violations of other, noncontroversial human rights. (shrink)

Journal of Political Philosophy, EarlyView.

Is democracy a human right? There is a growing consensus within international legal and political practice that the answer is “Yes.” However, some philosophers doubt that we should see democracy as a human right. In this paper I respond to the most systematic challenge presented so far, which was recently offered by Joshua Cohen. His challenge is directed to the view that democracy is a human right, not to the view that democracy is part of what justice demands. It is (...) instructive because it forces us to consider important questions about the nature and justification of human rights, including the putative human right to democracy. There is a tendency to see every claim of justice as a human right, and Cohen presses us to face the risk that this slip may occur in the case of democracy. Thus my aim is not simply to refute Cohen’s arguments but to engage the questions he forcefully and helpfully puts on the table. I start in section 2 by analyzing Cohen’s account of human rights. In section 3 I defend the human right to democracy against his challenge. I conclude in section 4 by articulating some reasons for the claim that democracy is a human right that mobilize and elaborate on some of Cohen’s own key premises. (shrink)

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international (...) and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)

John Rawls claims that “benevolent absolutisms” honor human rights without honoring political participation rights. Critics argue that he is mistaken. One objection appeals to the instrumental value of political participation rights. This objection holds that without political participation rights, individuals cannot secure the content of their rights against encroachment. Given this, individuals without political participation rights cannot be said to have rights at all. Here, I evaluate this instrumental objection. I identify three ways of relating political participation rights to human (...) rights and show that one makes sense of Rawls’s claim. I then defend this view from instrumental objections. This has implications beyond the realm of Rawls scholarship. Many societies are not democratic and are not democratizing. We must determine whether any of these societies can secure at least the content of human rights and, if so, what shape their social and political institutions must take to do so. (shrink)

This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. Section II presents a general strategy for achieving such a synthesis. Section III provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis on freedom of choice, (...) its demand for public reasoning, its context-sensitive universalism, and its broad view of obligations). These insights go some way toward the achievement of the desired synthesis. But, as explained in IV.1, in its current form CAHR faces two serious objections by the defenders of the political perspective: the Gap Between Capabilities-Interests and Rights Objection and the Disconnect From Practice Objection. Answering these criticisms requires some amendments to CAHR. Section IV.2 suggests a response to the first objection based on the introduction of a contractualist framework of justification. Sections IV.3 and IV.4 tackle the second objection by introducing a re-characterization of the cosmopolitan standard underlying the humanist perspective and by identifying the differences and relations between various dimensions of a conception of human rights and their significance for actual political practice. The paper illustrates the practical implications of CAHR, in its modified form, for the pursuit of some important rights. (shrink)