What are human rights?

On this anniversary of the adoption of the Universal Declaration of Human Rights, it is worth reflecting on the nature of human rights and what functions they perform in moral, political and legal
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On this anniversary of the adoption of the Universal Declaration of Human Rights, it is worth reflecting on the nature of human rights and what functions they perform in moral, political and legal discourse and practice. For moral theorists, the dominant approach to the normative foundations of international human rights conceives of human rights as moral entitlements that all human beings possess by virtue of our common humanity. What constitutes a human right, according to this approach, isn’t determined by a positive legal instrument or institution. Human rights are prior to and independent of positive international human rights law. Just because a legal order declares something to be a human right doesn’t make it so. Conversely, the fact that a human right doesn’t receive international legal protection doesn’t mean that it isn’t a human right. The existence or non-existence of a human right rests on abstract features of what it means to be human and. . .

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News source: OUPblog » Philosophy

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