scholarly journals Human Rights without Objective Intrinsic Value

Labyrinth ◽  
2019 ◽  
Vol 21 (1) ◽  
pp. 10
Author(s):  
Víctor Cantero-Flores ◽  
Roberto Parra-Dorantes

The current predominant conception of human rights implies that human beings have objective intrinsic value. In this paper, we defend that there is no satisfactory justification of this claim. In spite of the great variety of theories aimed at explaining objective intrinsic value, all of them share one common problematic feature: they pass from a non-evaluative proposition to an evaluative proposition by asserting that a certain entity has intrinsic value in virtue of having certain non-evaluative features. This is a step that cannot be justified. In light of this negative result, we offer a radically different approach to intrinsic value. Our proposal reinterprets the claim that human beings have intrinsic value in terms of a commitment to value human beings intrinsically. This commitment provides both objective practical reasons for, and a rational explanation of, efforts aimed at defending and promoting human rights, without need to appeal to the existence of objective intrinsic value.  

Author(s):  
Peter Jones

Human rights are rights ascribed to human beings simply as human beings. While people may possess some rights only if they occupy a special position or role, such as citizen, doctor or promisee, the claim of human rights theory is that there are other rights that everyone possesses merely in virtue of being human. Historically, the idea of human rights is closely associated with that of natural rights and both of these sorts of right have been conceived, in the first instance, as moral rights. However, since the United Nations promulgated the Universal Declaration of Human Rights (UDHR) in 1948, human rights have been elaborated and provided for in a host of international declarations and conventions and in the domestic law of many states, so that human rights now frequently have a legal or quasi-legal status. The general idea of human rights has been very widely accepted, but there is disagreement over which rights are human rights, over how these rights should be justified, and over their absolute or defeasible status. The difficulty of combining the universality of human rights with respect for cultural difference is also a major preoccupation of both proponents and critics of human rights.


Author(s):  
John Tasioulas

This chapter investigates whether or not human rights are grounded in human dignity. Starting from an interest-based account of human rights, it rejects two objections to that account that have been pressed in the name of human dignity: the deontological and the personhood objections. More positively, it contends that human dignity is the equal moral status possessed by all human beings simply in virtue of their possession of a human nature, and that so understood, it has an essential role to play in grounding human rights, but that it can only play this role in tandem with universal human interests. In particular, human dignity is central to explaining both why humans can possess rights and why these rights are resistant to trade-offs. The chapter concludes with some reflections on the implications of this view for whether each and every human being possesses all of the standard human rights.


1982 ◽  
Vol 14 (1) ◽  
pp. 21-30 ◽  
Author(s):  
Claudia Card

Is it true that utilitarianism can accommodate the modern belief that human beings have certain moral rights against everybody ‘just in virtue of their human nature?’ I should have thought the most a utilitarian could grant was that we had rights just in virtue of the utility of respecting such rights, not just in virtue of our human nature. In fact, that is more like the view Professor Brandt actually supports. What he argues is that there is not the a priori difficulty with the idea of utilitarian moral rights that some philosophers have thought there was. However, I think the possibility of utilitarian moral rights is not the same as the view that we all have human rights against everybody just in virtue of our human nature. As I hear it, ‘just in virtue of our human nature’ is an alternative to a utilitarian basis for rights. I'll return to that.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.


Author(s):  
Lutz Leisering

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.


Author(s):  
Priscilla Paola Severo ◽  
Leonardo B. Furstenau ◽  
Michele Kremer Sott ◽  
Danielli Cossul ◽  
Mariluza Sott Bender ◽  
...  

The study of human rights (HR) is vital in order to enhance the development of human beings, but this field of study still needs to be better depicted and understood because violations of its core principles still frequently occur worldwide. In this study, our goal was to perform a bibliometric performance and network analysis (BPNA) to investigate the strategic themes, thematic evolution structure, and trends of HR found in the Web of Science (WoS) database from 1990 to June 2020. To do this, we included 25,542 articles in the SciMAT software for bibliometric analysis. The strategic diagram produced shows 23 themes, 12 of which are motor themes, the most important of which are discussed in this article. The thematic evolution structure presented the 21 most relevant themes of the 2011–2020 period. Our findings show that HR research is directly related to health issues, such as mental health, HIV, and reproductive health. We believe that the presented results and HR panorama presented have the potential to be used as a basis on which researchers in future works may enhance their decision making related to this field of study.


2021 ◽  
Vol 13 (6) ◽  
pp. 3231
Author(s):  
Luigi Fusco Girard ◽  
Marilena Vecco

By referring to the European Green Deal, this paper analyzes the “intrinsic value” of cultural heritage by investigating the human-centered adaptive reuse of this heritage. This implies questions such as how to improve the effectiveness of reuse, restoration, and valorization interventions on cultural heritage/landscapes and how to transform a cultural asset into a place, interpreted as a living ecosystem, to be managed as a living organism. The autopoietic characteristic of the eco-bio-systems, specifically focusing on the intrinsic versus instrumental values of cultural heritage ecosystem is discussed in detail. Specifically, the notion of complex social value is introduced to express the above integration. In ecology, the notion of intrinsic value (or “primary value”) relates to the recognition of a value that “pre-exists” any exploitation by human beings. The effectiveness of transforming a heritage asset into a living ecosystem is seen to follow from an integration of these two values. In this context, the paper provides an overview of the different applications of the business model concept in the circular economy, for a better investment decision-making and management in heritage adaptive reuse. Matera case is presented as an example of a cultural heritage ecosystem. To conclude, recommendations toward an integrated approach in managing the adaptive reuse of heritage ecosystem as a living organism are proposed.


2005 ◽  
Vol 18 (4) ◽  
pp. 717-745 ◽  
Author(s):  
THOMAS POGGE

Various human rights are widely recognized in codified and customary international law. These human rights promise all human beings protection against specific severe harms that might be inflicted on them domestically or by foreigners. Yet international law also establishes and maintains institutional structures that greatly contribute to violations of these human rights: fundamental components of international law systematically obstruct the aspirations of poor populations for democratic self-government, civil rights, and minimal economic sufficiency. And central international organizations, such as the WTO, the IMF, and the World Bank, are designed so that they systematically contribute to the persistence of severe poverty.


Author(s):  
John Vorhaus

Under Article 3 of the European Convention on Human Rights, degrading treatment and punishment is absolutely prohibited. This paper examines the nature of and wrong inherent in treatment and punishment of this kind. Cases brought before the European Court of Human Rights (the Court) as amounting to degrading treatment and punishment under Article 3 include instances of interrogation, conditions of confinement, corporal punishment, strip searches, and a failure to provide adequate health care. The Court acknowledges the degradation inherent in imprisonment generally, and does not consider this to be in violation of Article 3, but it also identifies a threshold at which degradation is so severe as to render impermissible punishments that cross this threshold. I offer an account of the Court’s conception of impermissible degradation as a symbolic dignitary harm. The victims are treated as inferior, as if they do not possess the status owed to human beings, neither treated with dignity nor given the respect owed to dignity. Degradation is a relational concept: the victim is brought down in the eyes of others following treatment motivated by the intention to degrade, or treatment which has a degrading effect. This, so I will argue, is the best account of the concept of degradation as deployed by the Court when determining punishments as in violation of Article 3.


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