This paper offers four arguments against a moral human right to health, two denying that the right exists and two denying that it would be very useful (even if it did exist). One of my sceptical arguments is familiar, while the other is not.The unfamiliar argument is an argument from the nature of health. Given a realistic view of health production, a dilemma arises for the human right to health. Either a state's moral duty to preserve the health of its (...) citizens is not justifiably aligned in relation to the causes of health or it does not correlate with the human right to health. It follows that no one holds a justified moral human right to health against the state.Education and herd immunity against infectious disease both illustrate this dilemma. In the former case, the state's moral duty correlates with the human right to health only if it demands too much from a cause of health; and in the latter, only if it demands nothing from a cause of health (that is, too little). (shrink)

Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.

Many people in the developing world access essential health services either partially or primarily through programs run by international non-governmental organizations (INGOs). Given that such programs are typically designed and run by Westerners, and funded by Western countries and their citizens, it is not surprising that such programs are regarded by many as vehicles for Western cultural imperialism. In this chapter, I consider this phenomenon as it emerges in the context of development and humanitarian aid programs, particularly those delivering medical (...) treatment, nutrition and access to clean water. I argue that in order to avoid contributing to cultural imperialism, INGOs have a duty to ensure that they do not offer services in a way that requires their beneficiaries to choose between accessing essential health services and violating or otherwise undermining traditional norms and practices which have significance for their beneficiaries. Following Onora O'Neill, I argue that offers requiring such a choice are effectively “unrefuseable” and so coercive. INGOs therefore, must avoid making such offers, and can accomplish this by means of an iterated process of reciprocal negotiation under conditions of equality, in which both the INGOs’ and the beneficiaries’ deep values and concerns play a role. In essence, I claim that employing such a process is a requirement of procedural justice, given the non-ideal conditions in which INGOs must operate. (shrink)

The orthodox conception of human rights holds that human rights are moral rights possessed by all human beings simply in virtue of their humanity. In recent years, advocates of a 'political' conception of human rights have criticized this view on the grounds that it overlooks the distinctive political function performed by human rights. This article evaluates the arguments of two such critics, John Rawls and Joseph Raz, who characterize the political function of human rights as that of potential triggers for (...) intervention by one society against another. (shrink)

This article examines how consensus was reached on the "responsibility to protect," given continuing hostility to humanitarian intervention expressed by many of the world's states and whether the consensus will contribute to avoiding future Kosovos and Rwandas.

As I write this, in November 1971, people are dying in East Bengal from lack of food, shelter, and medical caxc. The suffering and death that are occurring there now axe not inevitable, 1101; unavoidable in any fatalistic sense of the term. Constant poverty, a cyclone, and a civil war have turned at least nine million people into destitute refugees; nevertheless, it is not beyond Lhe capacity of the richer nations to give enough assistance to reduce any further suffering to (...) very small proportions. The decisions arid actions of human beings can prevent this kind of suffering. Unfortunately, human beings have not made the necessary decisions. At the individual level, people have, with very few exceptions, not responded to the situation in any signihczmt way. Generally speaking, people have not given large sums to relief funds; they have not written t0 their parliamentaxy representatives demanding increased government assistance; they have not demonstrated in the streets, held symbolic fasts, or done anything else directed toward providing thc refugees with the means to satisfy their essential needs. At thc government level, no govcrmmcnt has given the sort of massive aid that would enable the refugees to survive fm: more than a few days. Britain, for instance, has given rather more than most countries. It has, to date, given £14,750,000. For comparative purposes, B1~itain’s share of thc nonreccverabla development costs of the Anglo-French Concorde project is already in excess of £275,000,000, and on present estimates will reach £440,000,¤00. The implication is that the British government values a supersonic transport more than thirty times as.. (shrink)

There are several reasons for the current prominence of global health issues. Among the most important is the growing awareness that some risks to health are global in scope and can only be countered by global cooperation. In addition, human rights discourse and, more generally, the articulation of a coherent cosmopolitan ethical perspective that acknowledges the importance of all persons, regardless of where they live, provide a normative basis for taking global health seriously as a moral issue. In this paper (...) we begin the task of translating the vague commitment to doing something to improve global health into a coherent set of more determinate obligations. One chief conclusion of our inquiry is that the responsibilities of states regarding global health are both more determinate and more extensive than is usually assumed. We also argue, however, that institutional innovation will be needed to achieve a more comprehensive, fair distribution of concrete responsibilities regarding global health and to provide effective mechanisms for holding various state and nonstate actors accountable for fulfilling them. (shrink)

Among the functions of state borders is to delineate a domain within which outsiders may normally not interfere. But the human rights practice that has sprung up in recent decades has imposed significant limits on a state’s right against interference. This article considers the connection between human rights on the one hand and justified interference in the internal affairs of states on the other. States, this article argues, have a right against interference if and because they serve their subjects. Interference (...) by outsiders threatens to set back their capacity to serve and thus ultimately harms those over whom the state exercises power. Human rights, in turn, circumscribe the outer limits of what any state can do while plausibly claiming to be serving its subjects. On this view, human rights are distinguished from other rights because they function as cancelling conditions on the state’s right against outside interference: while interfering in the internal affairs of a state normally wrongs that state, interfering where the state fails to respect human rights does not. Contrary to what is often thought, human rights violations do not justify outside interference. They merely make a state liable to such interference. The further considerations that must enter into an all things considered judgment in favor of interference are irrelevant for determining what human rights we have. (shrink)

This volume collects Allen Buchanan's previously published articles with a focus on ethics and international law, specifically with regard to human rights, the legitimacy of international institutions, and the ethics of force across borders. The work fits together tightly in its systematic interconnections, and collectively it makes the case for a holistic and systematic approach to issues that are at the forefront of current discussions in political and legal philosophy- issues that have traditionally been seen as separate.

In response to several appeals for a new politics of media, the author argues that a human right to self-identity would help to clarify and inform the normative stakes involved in efforts to liberate powerful media forces for democratic ends. Such a right to self-identity may be seen already to be a latent motivation behind various efforts to secure “representation” for protected classes; however, if the principles were drawn out in more explicit form, they might help to more powerfully transform (...) the targeted media structures along normative lines already legitimized by a human rights tradition. In addition, a discourse of human rights would also help to discipline competing group interests in ways that would better protect individuals involved in those struggles from coercive agendas that would drive them into conformist group loyalties. The author articulates a background theory of human rights that is grounded in the actual histories and practices of the emerging global movement. (shrink)

Sullivan and Kymlicka seek to provide an alternative to post-9/11 pessimism about the ability of serious ethical dialogue to resolve disagreements and conflict across national, religious, and cultural differences. It begins by acknowledging the gravity of the problem: on our tightly interconnected planet, entire populations look for moral guidance to a variety of religious and cultural traditions, and these often stiffen, rather than soften, opposing moral perceptions. How, then, to set minimal standards for the treatment of persons while developing moral (...) bases for coexistence and cooperation across different ethical traditions? The Globalization of Ethics argues for a tempered optimism in approaching these questions. Its distinguished contributors report on some of the most globally influential traditions of ethical thought in order to identify the resources within each tradition for working toward consensus and accommodation among the ethical traditions that shape the contemporary world. (shrink)

Critiques of development aid from its recipient’s sometimes draw our attention to the perception of paternalism on the part of ‘development industry’ actors. Even within participatory project designs, critical voices recount experiences of clear power divides and informal hierarchies determining the content and form of ‘cooperation’. While neoliberal as well as neo-Marxist scholars base their critiques on a distributive scheme of global justice, post-development theory emphasizes respect and recognition as the central aspect of justice Indeed, post-development theorists continue to complain (...) of neo-colonial power structures between nations as well as on a micro-level between the ‘experts’ and local people. The latter feel misrecognized in being judged according to the parameters of Western actors within the international community. This article explores how charges of misrecognition within development cooperation challenge the assumption by many liberal political theorists that more global justice could be achieved through more aid. (shrink)