Paradoxically, the political success of human rights is often taken to be its philosophical failing. From US interventions to International NGOs to indigenous movements, human rights have found a place in diverse political spaces, while being applied to disparate goals and expressed in a range of practices. This heteronomy is vital to the global appeal of human rights, but for traditional moral and political philosophy it is something of a scandal. This paper is an attempt to understand and theorize human (...) rights on the terrain of the social actors who put them to use, particularly radical activists that have a more critical relationship to human rights. Attempting to avoid the philosophical pathology of demanding that the world reflect our conception of it, we base our reflection on the ambiguous, and potentially un-patterned, texture of human rights practice—taking seriously the idea that human rights express a relationship of power, importantly concerned with its legitimate arrangement and limitation. In both the philosophical literature and human rights activism, there seems to be a consensus on basic rights as undeniable moral principles of political legitimacy. This use of human rights is contrasted with radical social movements that reject this conception of rights as ideological and illegitimate, making specific reference to the Zapatista movement (Chiapas, Mexico) and the Landless Peasant Movement of Brazil (MST, from the Portuguese Movimento dos trabalhadores rurais Sem Terra), which are critical of the human rights discourse, but also make strategic use of the idea and offer alternative articulations of political legitimacy. (shrink)

This essay makes three suggestions: first, that it is attractive to conceive individualistic justification as one of the hallmarks - maybe even the one hallmark - of human rights; secondly, that combining this conception of human rights with standard worries about socioeconomic rights can tempt one to take the phrase "human rights" to refer to any individualistically justified weighty normative consideration (including considerations that are not rights); and thirdly, that reflections on the individuation of rights and rights' dynamic quality give (...) us some reason to resist this temptation - though this reason is interestingly inconclusive. (shrink)

This paper examines the idea of human rights, and how they should be justified. It begins by reviewing Peter Jones?s claim that the purpose of human rights is to allow people from different cultural backgrounds to live together as equals, and suggests that this by itself provides too slender a basis. Instead it proposes that human rights should be grounded on human needs. Three difficulties with this proposal are considered. The first is the problem of whether needs are sufficiently objective (...) for this purpose, to which it responds by drawing a distinction between human needs proper and societal needs. The second is the problem of overshoot: human needs are more expansive than human rights. It responds to this by arguing that where needs conflict, we make trade-offs before specifying the optimum set of human rights. The third is the problem of undershoot: needs cannot be used to ground civil and political rights. Here it suggests that some of these rights can be grounded directly in needs, others can be justified instrumentally, and yet others grounded in the human need for recognition. Finally the paper returns to Jones, and asks which approach to human rights is better able to justify them within both liberal and non-liberal cultures. (shrink)

This article calls for a paradigm shift in the language, theory and practice of human rights: it calls for human rights to be reconceptualized as sentient rights. It argues that human rights are not qualitatively distinct from the basic entitlements of other sentient creatures, and that attempts to differentiate human rights by appealing to something distinctive about humanity, their unique political function or their universality ultimately fail. Finally, the article claims that moving to sentient rights will not lead to intractable (...) conflicts between rights, but to a more inclusive, fair and rationally defensible normative enterprise. (shrink)

Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look like – what we call (...) the “structural pluralist account” of human rights. (shrink)

: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cruel treatment, and avoiding severe unfairness. I argue that economic and (...) social rights are not excessively burdensome on their addressees and that they are feasible worldwide in the appropriate sense. Severe poverty violates economic and social rights, and accordingly generates high-priority duties of many parties to work towards its elimination. (shrink)

In recent years there has been growing scholarly interest in the relationship between bioethics and human rights. The majority of this work has proposed that the normative and institutional frameworks of human rights can usefully be employed to address those bioethical controversies that have a global reach: in particular, to the genetic modification of human beings, and to the issue of access to healthcare. In response, a number of critics have urged for a degree of caution about applying human rights (...) to such controversies. In particular, they have claimed that human rights have unresolved distributive and foundational problems. Interestingly, however, some of these critics have gone on to suggest that it might be possible to draw on certain bioethical insights to remedy these problems with human rights. This paper evaluates these recent attempts to apply insights from bioethics to the theory and practice of human rights. It argues that while these insights do not constitute an entirely new and original contribution to human rights thinking, they do force human rights scholars and campaigners to reflect on some key issues. First of all, they force us to question the prevalent idea that human rights are always ‘inviolable trumps’. Secondly, they demand that we pay close attention to the ‘fairness’ of the institutions we charge with determining our concrete rights. And finally, and perhaps most radically, these insights challenge the notion that human rights are held exclusively by members of the human species. (shrink)

Participants in some clinical trials are at risk of being harmed and sometimes are seriously harmed as a result of not being provided with available, relevant risk information. We argue that this situation is unacceptable and that there is a moral duty to disclose all adverse clinical trial results to participants in clinical trials. This duty is grounded in the human right not to be placed at risk of harm without informed consent. We consider objections to disclosure grounded in considerations (...) of commercial interest, and we argue that these concerns are insufficient to override the moral duty to disclose adverse clinical trial results. However, we also develop a proposal that enables commercial interests to be protected, while promoting the duty to disclose adverse clinical trial results. (shrink)

Abstract Two features of human?rights discourse are often targeted for criticism: its universalism and its individualism. Both features, it is usually claimed, illegitimately overlook the significance of cultural diversity. In this essay I argue that individualism is incompatible with universalism and compatible with cultural diversity. Thus I defend the view that human rights are individualistically justified, and I argue that it follows from this that human rights are in an important sense non?universal. I go on to show how my non?universalist (...) conclusion can provide the basis for a retort to those who appeal to facts about cultural diversity in order to criticise human rights discourse. (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)

In a recent spate of reflective writings on the concept of human rights, philosophers have been concerned to firm up the analytical boundaries of human rights discourse, without excluding welfare rights from the catalogue. The article considers three of these recent attempts to `revalue the currency' of human rights: the agency conception, the pluralist conception, and the negative duties conception. It ultimately defends a `dignity-based' account of human rights, in which any number of human interests and values may ground a (...) right, but in which the failure to respect the right must constitute a threat to human dignity (one's sense of self-worth as a person) in order for it to count as a genuine human right. It further argues that a `dignity-based' account of human rights justifies a focus on the state as the agent against which human rights are held, and gives us reason to doubt that the state could adequately fulfil the human-rights-based duties it owes its citizens by simple forbearance. On the account offered here, the state may be said to violate the rights of its members, and to threaten their human dignity, when it fails to provide them with the means to realize their basic needs. Key Words: human dignity • civil and political rights • welfare rights • social rights. (shrink)