Debating Human Rights

Similar documents
Faith And Works Introduction The Theme Of Romans The Gentiles Need For Salvation

Natural Rights, Natural Limitations 1 By Howard Schwartz

Video Reaction. Opening Activity. Journal #16

v o i c e A Document for Dialogue and Study Report of the Task Force on Human Sexuality The Alliance of Baptists

AN OUTLINE OF CRITICAL THINKING

3. WHERE PEOPLE STAND

War Protests & Free Speech: Guide to Critical Analysis

36 Thinking Errors. 36 Thinking Errors summarized from Criminal Personalities - Samenow and Yochleson 11/18/2017

xiv Truth Without Objectivity

Sheep in Wolves Clothing

Moral Argumentation from a Rhetorical Point of View

Building Your Framework everydaydebate.blogspot.com by James M. Kellams

The Art of Critical Thinking

Ethical Theory for Catholic Professionals

The Non-Identity Problem from Reasons and Persons by Derek Parfit (1984)

-- The search text of this PDF is generated from uncorrected OCR text.

Syllabus Fall 2014 PHIL 2010: Introduction to Philosophy 11:30-12:45 TR, Allgood Hall 257

Why Creation Science must be taught in schools

EXCERPTED FROM FIRSTFORUMPRESS A DIVISION OF LYNNE RIENNER PUBLISHERS, INC.

Compatibilist Objections to Prepunishment

Concerns with the PCUSA

Genre Guide for Argumentative Essays in Social Science

NEVERTHELESS (Luke 23: 32-43) Now that the election is over, and I am no longer in danger of violating

DEREK FLOOD. Trinity Institute, The Good News Now Evolving with the Gospel of Jesus

Ethics Beyond The Practice: Lawyers Uniquely Qualified To Lead In Such A Time As This. By: James Brandon Dillon, Sr., Esq.

RELIGION AND INTERNATIONAL RELATIONS AT THE CROSSROADS

Well-Being, Disability, and the Mere-Difference Thesis. Jennifer Hawkins Duke University

Handout Two: Argument Construction in Impromptu Speaking

Marriage. Embryonic Stem-Cell Research

Objectivism and Education: A Response to David Elkind s The Problem with Constructivism

Argument Writing. Whooohoo!! Argument instruction is necessary * Argument comprehension is required in school assignments, standardized testing, job

How persuasive is this argument? 1 (not at all). 7 (very)

DOES GOD EXIST? THE MORAL ARGUMENT

The Church, AIDs and Public Policy

Soul Survivor: How My Faith Survived the Church

CHRISTIANITY IS INTOLERANT, JUDGMENTAL AND NARROW MINDED

Human Rights: Both Universal and Relative (A Reply to Michael Goodhart)

Introduction Questions to Ask in Judging Whether A Really Causes B

Activity Pack. Animal Farm b y G e o r g e O r w e l l

Again, I am not writing to change anyone s mind, merely to speak mine. Please know that I speak in love and respect for all.

CODE OF PASTORAL CONDUCT FOR CHURCH PERSONNEL

CODE OF ETHICS AND MINISTRY PRACTICE

CODE OF ETHICS AND MINISTRY PRACTICE

SANDEL ON RELIGION IN THE PUBLIC SQUARE

MANUAL OF ORGANIZATION AND POLITY

Investing: The Last Liberal Art

Pastoral Code of Conduct

The Role of Faith in the Progressive Movement. Part Six of the Progressive Tradition Series. Marta Cook and John Halpin October 2010

Blame and Forfeiture. The central issue that a theory of punishment must address is why we are we permitted to

In defence of the four freedoms : freedom of religion, conscience, association and speech

philippine studies Ateneo de Manila University Loyola Heights, Quezon City 1108 Philippines

Testing Fairmindedness

What is the "Social" in "Social Coherence?" Commentary on Nelson Tebbe's Religious Freedom in an Egalitarian Age

Session 1 The True Gospel Galatians 1:1-10 September 1-2, 2018

Overview: Application: What to Avoid:

Logs Before Specks, or Lead Thyself First

Philosophy of Love, Sex, and Friendship WESTON. Arguments General Points. Arguments are sets of reasons in support of a conclusion.

How can you combat your mental set? With lateral thinking.

Review of Jean Kazez's Animalkind: What We Owe to Animals

Lecture 5 Rejecting Analyses I: Virtue Epistemology

What would life be like in a state of nature?

Kevin Scharp, Replacing Truth, Oxford: Oxford University Press, 2013, At 300-some pages, with narrow margins and small print, the work

Sermon Outline LIFE IN HIS NAME : THE PURSUIT OF WHOLENESS AND THE GOSPEL OF JOHN

"Going to the Dogs Isaiah 56:1,6-8 & Matthew 15:21-28 In England today, if you say someone is going to the dogs, you are most likely referring to a

Revolution and Reaction: Political Thought From Kant to Nietzsche

MONTHLY PRAYER SHEET. How I will do it... How it went... Reach out... Other requests... Answered. How it was answered...

DIOCESE OF PALM BEACH CODE OF PASTORAL CONDUCT FOR CHURCH PERSONNEL

In Defense of Culpable Ignorance

CHRISTIAN COMMUNICATORS OF OHIO SPEECH AND DEBATE PROGRAM

DECLARATION of FAITH. Policy and Position Statements

Cato Institute 2017 Free Speech and Tolerance Survey

Servant Leadership School 1640 Columbia Rd. N.W. Washington, D.C

Religions and International Relations

Redding Christian School Old 44 Drive Palo Cedro, CA (530) (530) Fax

Guiding Principles Updated February 22, 2012

5. John Akers, former chairman of IBM, argued that ethics are not important to economic competitiveness.

Genesis 16A (2011) Timing can also be key to understanding God s will

(i) Morality is a system; and (ii) It is a system comprised of moral rules and principles.

Justice and Ethics. Jimmy Rising. October 3, 2002

Rawls s veil of ignorance excludes all knowledge of likelihoods regarding the social

A Framework for Thinking Ethically

Introduction. Foursquare covenants to support the ministry of its local churches, including Local Church, by:

Value: Peace Lesson 3.16 Topic: SOCIAL RESPONSIBILITY Need versus Greed

What should I believe? What should I believe when people disagree with me?

EQUITY AND INCLUSIVE EDUCATION. The Catholic Community of Hamilton-Wentworth believes the learner will realize this fullness of humanity

True to Madiba's own inclinations, we are not here this evening to mourn. We are here to remember.

Thinking Ethically: A Framework for Moral Decision Making

Asking the Right Questions: A Guide to Critical Thinking M. Neil Browne and Stuart Keeley

PEACE AND THE LIMITS OF WAR. Transcending the Classical Conception of Jihad

The Risks of Dialogue

CHESS Christian School & Preschool 208 Nutt Road Centerville, OH (937) APPLICATION FOR EMPLOYMENT

REL 3148: RELIGION AND VIOLENCE Summer B 2016

Uganda, morality was derived from God and the adult members were regarded as teachers of religion. God remained the canon against which the moral

THE CONCEPT OF OWNERSHIP by Lars Bergström

WHAT IT MEANS TO ''LOVE ONE ANOTHER''...AND WHY YOUR BROTHER IS NEVER WRONG.

A New Parameter for Maintaining Consistency in an Agent's Knowledge Base Using Truth Maintenance System

Rabbi Farber raised two sorts of issues, which I think are best separated:

JOHNNIE COLEMON THEOLOGICAL SEMINARY LESSONS IN LOVE. Text: Love Is Letting Go of Fear Gerald G. Jampolsky

CHRISTIAN REALITY. Romans 1-3 INTEGRATED BIBLE STUDIES

GNT540, Exposition of Acts Fall Semester, Course Requirements

Transcription:

EXCERPTED FROM Debating Human Rights Daniel P. L. Chong Copyright 2014 ISBNs: 978-1-62637-046-3 hc 978-1-62637-047-0 pb 1800 30th Street, Ste. 314 Boulder, CO 80301 USA telephone 303.444.6684 fax 303.444.0824 This excerpt was downloaded from the Lynne Rienner Publishers website www.rienner.com

Contents Acknowledgments vii Introduction 1 1 The History and Philosophy of Human Rights 5 Part 1 The Global Human Rights System 2 When Should States Protect Human Rights? 25 3 How Can Western States Promote Human Rights in China? 39 4 Is the United Nations Human Rights Council Effective? 53 5 Does the International Community Have a Responsibility to Protect? 65 6 Should the United States Join the International Criminal Court? 81 7 How Should Human Rights Violators Be Held Accountable? 95 Part 2 Civil and Political Rights 8 Does the War on Terrorism Require Restriction of Rights? 113 9 Are There Limits to Freedom of Speech? 131 v

vi Contents 10 Do Women Have the Right to Choose Abortion? 145 11 Is Female Circumcision a Violation of Human Rights? 159 Part 3 Economic and Social Rights 12 Are Food, Housing, and Health Care Valid Human Rights? 175 13 Do Transnational Corporations Violate Human Rights? 189 14 Does the Right to Health Justify a Violation of Property Rights? 207 15 Do Wealthy States Have an Obligation to Give Foreign Aid? 223 Part 4 Conclusion 16 Advancing Human Rights Through Debate 241 Glossary 247 Bibliography 255 Index 269 About the Book 277

Introduction The test of a first-rate intelligence is the ability to hold two opposing ideas in the mind at the same time. F. Scott Fitzgerald, The Crack-Up Human rights are based on the idea that every single person on the planet deserves to be treated with dignity and respect. It is truly a profound idea that has changed the course of human history over the past century. Struggles to achieve dignity and equality have spread dramatically across the globe, sometimes meeting failure, and at other times achieving resounding success. When we think of human rights, we think of the inspiring movements for freedom led by people such as Mahatma Gandhi, Martin Luther King Jr., and Nelson Mandela. Today, human rights have become the lingua franca of global moral thought ; 1 in other words, they now provide the most common global standard by which to judge right from wrong in political life. Human rights help to define how wars are fought, how states are built, how economic policies are made, and which leaders are considered legitimate. If you have ever witnessed mistreatment and unnecessary suffering and said to yourself, No human being should ever endure this, then you have claimed a human right. Yet human rights have also been the source of hugely controversial debates and have led to wars and political conflicts. Who exactly should have rights, and what rights are they entitled to? Are rights applicable within certain cultures and not others? Can states afford to protect human rights, even when it might be harmful to their own self-interests? If the attempt to protect 1

2 Debating Human Rights some rights threatens other rights, how do we balance these concerns? These are some of the many debates addressed in this book. Critical Thinking The goal of this book is to encourage the reader to think critically about international human rights. Critical thinking involves the willingness to challenge conventional wisdom, to question one s preexisting assumptions, and to develop opinions about controversial issues. It does not mean cynically disagreeing with every received idea, but it does require evaluating the quality of the evidence and the arguments behind a position. Critical thinkers read a text (like this book) and assume that the author is relating his or her own perspective of the truth, not that the text itself is the objective truth. Authors perspectives may be partly right and partly wrong, and it is up to the reader to decide for him- or herself. Why is critical thinking about human rights so important? First, because critical thinking can help us to overcome the cognitive biases that we often employ when we approach new ideas. A cognitive bias is a trap that our minds tend to slip into, distorting our view of reality in predictable ways. Biases prevent us from seeing the world as it really is, or from seeing the world from someone else s perspective. Psychologists have identified a number of common cognitive biases, but I encourage the reader to reflect on a particular few while reading this book. For example, the egocentric bias is our tendency to believe that our own ideas and behaviors are superior to those of others. As the humorist Garrison Keillor famously satirizes about the people of the fictional town of Lake Wobegon, All the children are above average. In debates about human rights, we tend to believe that our side is always the right side. Through the within-group bias, we extend this egocentric belief to the particular groups we belong to; for example, our family, our ethnic group, our religion, and our country. Through the confirmation bias, we tend to hold on to existing beliefs about the superiority of our group s ideas and behaviors, despite evidence to the contrary. We ignore or reinterpret contradictory evidence, while focusing our attention and memory on evidence that confirms our preexisting beliefs. In other words, we tend to overlook evidence that our own ideas about human rights may be incorrect, or that our own country s actions might be violating the rights of others. Critical thinking allows us to reflect upon our own personal biases and deliberately open ourselves up to different perspectives. Second, critical thinking is important because the conventional wisdom on human rights may be wrong. Most human rights activists believe (or at least say publicly) that there is a strong international consensus that accepts

Introduction 3 human rights; that this consensus is manifested in a clear set of international laws; and that failure to enforce the law represents a lack of political will by states and other actors. In other words, political actors know the right thing to do; they simply do not want to do it. That, however, is not the assumption that guides this book. The book is grounded, instead, in the notion that political actors sometimes fail to uphold human rights standards not only because they lack the motivation or self-interest to comply, but also because they have competing ideas about which rights are important and how those rights should best be implemented. In other words, political actors justify their behavior by referencing a competing idea or value. If this assumption is correct, then understanding the different perspectives that animate human rights debates will be central to better realizing human rights in practice, because we will know how political actors justify human rights violations. It is not simply a matter of political will, but of competing ideas. Third, critical thinking also involves divergent thinking, or the ability to generate new ideas by considering multiple perspectives simultaneously. When presented with competing ideas, critical thinkers do not merely reject or accept one set of ideas in its entirety; rather, they are able to see the strengths and weaknesses in both perspectives, and to see how each perspective might be improved. This can lead to a more creative combination of opposing arguments, a new synthesis of ideas. Thus, at a time when human rights are violated daily across the globe, and solutions do not seem obvious, critical thinking has the potential to identify new solutions to our most pressing problems. The Structure of the Book This book is structured in a way that outlines some of the most critical debates in the field. Instead of presenting a series of facts about human rights to be memorized, each chapter details two opposing arguments on a particular topic. In each of these debates, I present the point of view from one side in the debate, and then I present its opposite. Each chapter therefore contains shifts in point of view, making the strongest arguments possible from the perspective of each opposing side in the debate. It is up to the reader to judge the strengths and weaknesses of each argument. The reader should be careful not to dismiss the arguments as mere opinions. The arguments are more than opinions; they are making theoretical and empirical claims about how the world really works. In some cases, the arguments debate the empirical facts themselves (for example, whether torture produces useful intelligence); in other cases, the arguments marshal different sets of facts to bolster their stance, or interpret the same set of facts in different

4 Debating Human Rights ways. Practiced critical thinkers are able to discern the fine line between facts, interpretations of facts, and opinions. Through this process, we can not only learn new facts about the role of human rights in the world today, but also learn to develop and defend our own opinions about the resulting controversies. Note 1. Michael Ignatieff, Human Rights as Politics and Idolatry (Princeton: Princeton University Press, 2001), p. 53.