What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises (...) to justify a limited conception of state sovereignty while avoiding the familiar cosmopolitan criticisms of statist accounts. (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)

The claimability objection rejects the inclusion of a right to subsistence among human rights because the duties thought to correlate with this right are undirected, and thus it is not claimable. This objection is open to two replies: One denies that claimability is an existence condition on rights. The second suggests that the human right to subsistence actually is claimable. I argue that although neither reply succeeds on the conventional interpretation of the human right to subsistence, an alternative ‘practical’ interpretation (...) provides a viable approach to vindicating this right. (shrink)

This article offers an integrated account of two strands of global health justice: health-related human rights and health-related common goods. After sketching a general understanding of the nature of human rights, it proceeds to explain both how individual human rights are to be individuated and the content of their associated obligations specified. With respect to both issues, the human right to health is taken as the primary illustration. It is argued that the individuation of the right to health is fixed (...) by reference to the subject matter of its corresponding obligations, and not by the interests it serves, and the specification of the content of that right must be properly responsive to thresholds of possibility and burden. The article concludes by insisting that human rights cannot constitute the whole of global health justice and that, in addition, other considerations—including the promotion of health-related global public goods—should also shape such policy. Moreover, the relationship between human rights and common goods should not be conceived as mutually exclusive. On the contrary, there sometimes exists an individual right to some aspect of a common good, including a right to benefit from health-related common goods such as programmes for securing herd immunity from diphtheria. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

I argue that recognizing a human right to adequate food and enforcing it as a legal right is an important way to promote and ensure sustainable food security. I consider objections that have been raised against subsistence rights and socio-economic rights, including the argument that such rights are not feasible, that they are not justiciable, and that they are too amorphous—that it is not clear what is required to fulfill these rights and by whom. I defend the right to adequate (...) food against these objections by considering how this right has been interpreted and applied in international law and how it has been protected in other domestic legal systems. I analyze different dimensions of the right to adequate food and I apply these to recent issues concerning sustainable food security in the United States, such as food deserts. (shrink)

This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which it might (...) stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

As political instruments, human rights can be challenged in two important ways: first, by undermining the claim to universality by appealing to a kind of cultural relativism, and second, by accusing human rights of unjustifiably imposing values that are not genuinely universal (which I dub the problem of parochialism). The human right to health is no exception. If a human right to health is to be a useful instrument in mobilizing action for global health justice, then we need to take (...) seriously the ways that health intersects with culture. Universal applicability is essential to both the legitimacy and efficacy of human rights. But without cultural sensitivity, additional injustices and imperialistic harms may be perpetuated. There are two goals within this paper—(1) to show that cultural imperialism is a moral and practical hazard, both in general and for the human right to health in particular and (2) to articulate a way of thinking about the human right to health that can minimize these hazards and arm it with moral credibility and political weight. (shrink)

The idea of empowerment has gained a significant role in the discourse of poverty. I outline a restricted conception of empowerment inspired by Kant’s idea of rightful honour. According to this conception, empowerment consists in enabling individuals to assert their own human rights (juridical empowerment). I apply this conception to impoverished persons and argue that it is crucial to their self-respect, their so-called ‘power-[from-]within,’ and their political agency, and has a teleological primacy regarding our efforts to reduce poverty. I also (...) defend the idea that there is a moral right to this form of empowerment and a corresponding duty to empower the impoverished as rights-asserters. Juridical empowerment will be compatible with a pluralism of substantive accounts of the moral wrongs of poverty and with broader conceptions of empowerment. (shrink)

That there is a human right to subsistence is a basic assumption for most moral and political theorists interested in the problem of global poverty, but it is not one exempt from controversy. In this article, I examine four justifications for this right and suggest that it takes the form of a claim, that is, a right which creates correlative duties on others who are then taken to be the main agents in its fulfillment. I point to some criticisms made (...) against this conceptualization and offer an alternative approach that emphasizes the key importance of the moral and political agency of the needy. Two aspects of this approach are that the needy are seen as actors in their own right when it comes to poverty alleviation measures and their demands are no longer seen as demands for mere subsistence but ultimately for putting an end to their political marginalization and exclusion. Towards the end, I point to the complementarity of both views. (shrink)

It is commonly claimed, in the global justice literature, that global injustices are best characterised in terms of the violation or unfulfilment of human rights. I suggest that global justice theorists are overconfident on this point. For decolonising peoples, contemporary global injustice is likely to be characterised in terms drawn from local histories of injustice and the constellations of thick ethical concepts they contain. To make the point I describe how the Māori of New Zealand, who do not reject human (...) rights, typically make no reference to human rights in political argument. I argue that the Māori are reasonable to consider human rights talk to be ‘one thought too many’, and the considerations that make this so typically apply in other postcolonial contexts of political activity. (shrink)

All people have human rights and, intuitively, there is a close connection between human rights, needs, and autonomy. The two main theories about the natureand value of human rights often fail to account for this connection. Interest theories, on which rights protect individuals’ important interests, usually fail to capturethe close relationship between human rights and autonomy; autonomy is not constitutive of the interests human rights protect. Will theories, on which human rights protect individuals’ autonomy, cannot explain why the nonautonomous have (...) a human right to meet their needs. This paper argues that it is possible to account for the close connection between human rights, needs, and autonomy if human rights at least protect individuals’ ability to live minimally good lives. It argues that people need whatever will enable them to live such lives and autonomy is partly constitutive of such a life. This argument also has importantimplications for some other key debates in the human rights literature. (shrink)

Las disputas definicionales sobre términos normativos son frecuentes. ¿Vale la pena disputar sobre meras palabras? Sostengo que ganar una disputa definicional tiene efectos prácticos importantes. Imponer una definición particular de un término normativo sobre otros hablantes puede causar en ellos ciertas emociones deseables, o puede influir sobre su interpretación de aquellas reglas jurídicas o morales cuya formulación incluye el término disputado. Luego describo dos modalidades retóricas mediante las cuales los disputantes pueden proponer su definición preferida: una modalidad que presenta la (...) propuesta como si fuera una descripción de un hecho sobre la comunidad lingüística y otra modalidad que presenta la propuesta como una prescripción lingüística. Muestro que debe adoptarse el segundo modo, porque es más transparente con respecto a las razones por las cuales disputamos sobre palabras. El trabajo ilustra el punto con el caso de la disputa sobre el término “derechos humanos”. (shrink)

ABSTRACTIt has become a commonplace that human beings possess human rights ‘simply in virtue of being human’. Exactly what this formula entails and whether it is cogent remains largely obscure, however. To remedy this situation, the article distinguishes between an interpretation of the formula according to which ‘being human’ is a practical condition for holding human rights and a reading which takes ‘being human’ to be a moral reason for holding human rights. It argues that only under the second reading (...) is there a limited sense in which it is correct that human beings possess human rights ‘simply in virtue of being human’. The article also considers if the concept of human dignity can provide a more convincing approach to the formula, and argues that it cannot. (shrink)

This is a review article of Charles Beitz's 2009 book on the philosophy of human rights, The Idea of Human Rights. The article provides a charitable overview of the book's main arguments, but also raises some doubts about the depth of the distinction between Beitz's 'practical' approach to humans rights and its 'naturalistic' counterparts.

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or justice, categorically. At (...) best, it can ground them hypothetically. This opens the door wide for ethical foundations of human rights. (shrink)

Human rights have become a wider and more visible feature of our political discourse, yet many have also noted the great discrepancy between the human rights invoked in this discourse and traditional philosophical accounts that conceive of human rights as natural rights. This article explores an alternative approach in which human rights are conceived primarily as international norms aimed at securing the basic conditions of membership or inclusion in a political society. Central to this `political conception' of human rights is (...) the idea of human rights as special (in contrast to general) rights that individuals possess in virtue of specific associative relations they stand in to one another. This view is explored and defended through a critical review of four recent political conceptions — Michael Ignatieff, John Rawls, Thomas Pogge and Joshua Cohen. (shrink)

Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive account (...) of dignity by pursuing this route, but we can still defend the three core principles that lie at the heart of contemporary thinking about dignity: that bearers of dignity possess dignity to an equal degree, in virtue of possessing the same intrinsic worth, and that this generates direct and claimable rights. I thus develop an account of dignity that includes nonhuman animals. I argue that the capacity to value most plausibly grounds dignity. This capacity arises from valenced sentience: a being values insofar as they have experiences that matter to them. I then characterise what follows from this. First, I contend that it is only the capacity to value grounds dignity because this produces the most plausible, simplest, and most explanatorily powerful account of dignity. We ought to reject pluralist accounts which assert a sharp distinction between bearers and non-bearers of rational agency, and biocentric accounts which include non-sentient organic entities. Second, I argue this property grounds an account of dignity that is non-hierarchical. There are no degrees of dignity. Instead, all possessors of the capacity to value have the same kind of intrinsic value, and the same equal fundamental right: to consideration of their interest in leading a life of value. Finally, I argue that since the fundamental right is to consideration, moral agents have claimable duties to engage in a deliberative procedure with actionable requirements. Specific rights are instantiations of this general procedure. Certain revisionist conclusions follow on my view, for instance, that nonhumans should be given greater weight and inclusion in a far wider range of cases, but my account is sensitive to the range of different things different beings value, so it does not generate counterintuitive implications. I conclude that dignity extends beyond the human. (shrink)

Effective altruism is a movement which aims to maximise good. Effective altruists are concerned with extreme poverty and many of them think that individuals have an obligation to donate to effective charities to alleviate extreme poverty. Their reasoning, which I will scrutinise, is as follows: -/- Premise 1. Extreme poverty is very bad. -/- Premise 2. If it is in our power to prevent something very bad from happening, without thereby sacrificing anything else morally significant, we ought, morally, to do (...) it. -/- Premise 3. Individuals ought to choose the effective option in preventing very bad things. -/- Premise 4. Donating to effective charities is one of the best ways to alleviate extreme poverty. -/- Conclusion. Individuals ought to donate to effective charities working towards extreme poverty alleviation where doing so does not require them to give up anything of moral significance. -/- I will scrutinise each of these premises in turn. -/- For Premise 1, I focus on hedonistic utilitarianism and criticise its outlook on extreme poverty. I claim that hedonistic utilitarianism might be problematic for effective altruism. -/- Premise 2 is Peter Singer's Weaker Principle of Sacrifice. I introduce several possible interpretations of it, and press several objections to it by stressing overpermissiveness, luck, and rights. I defend strengthening the Weaker Principle of Sacrifice without making it overdemanding. -/- I claim that Premise 3 can be attractive to both consequentialists and non-consequentialists. Nevertheless, by showing that effectiveness sometimes violates fairness, I propose a method which avoids always helping the greater number and always giving everyone equal chances of being helped, which is compatible with effective altruism. -/- Against Premise 4, I assess the systemic change objection, which states that effective altruism unjustifiably distracts individuals from systemic change. By considering risk and the moral standing of the future extremely poor, I claim that the systemic change objection is partially successful, but cannot undermine effective altruism. -/- After analysing all of these, I argue that individuals have an obligation to donate to effective charities to alleviate extreme poverty where doing so does not require them to give up anything of moral significance. (shrink)

This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be restricted in certain (...) extreme circumstances. Outside these circumstances, however, immigration restrictions are unjust. Having presented the argument for a human right to immigrate, the chapter responds to objections from distributive justice, culture and scarcity. (shrink)

In Ethics for a Broken World (2011),Tim Mulgan invites us to partake in a series of lectures delivered in a fictional future on some of the political philosophies that dominate our current tradition. The future he asks us to imagine is one in which the world is ‘broken’. In the broken world, climate change has lead to intermittent and unpredictable periods of radical scarcity in which there are insufficient resources to guarantee the survival of all existing persons (8-12). We are (...) also to imagine, rather plausibly in light of recent scientific discoveries, that we bear causal responsibility for this situation (9). Mulgan suggests that the device of the broken world ‘serves to highlight the contingency of our moral and political ideals, asking us to see our society and its ideals from the outside’ (ix). In this paper, I employ the device of the broken world to reflect on one of the most prominent ideals in contemporary affluent societies, namely that of human rights. In particular, I am interested in what sense the device of the broken world shows our ideal of human rights to be contingent, and what implications this might have for how we should understand and evaluate this ideal. (shrink)

Scholars have struggled with identifying the exact reasoning that leads to the list of human rights in Rawls's Law of Peoples. This essay argues that the list can best be explained by a reasoning based on the value of self-determination of peoples. At the same time, it argues that this reasoning still has serious difficulties. In particular, it is necessary to clarify whether human rights may always be enforced by coercive means against states that violate them. However, once this has (...) been clarified, the balance of reasons on which Rawls’s argument rests no longer indisputably supports his conclusion. (shrink)

This dissertation defends a “non-ideal theory” of justice: a systematic theory of how to respond justly to injustice. Chapter 1 argues that contemporary political philosophy lacks a non-ideal theory of justice, and defends a variation of John Rawls’ famous original position – a Non-Ideal Original Position – as a method with which to construct such a theory. Chapter 1 then uses the Non-Ideal Original Position to argue for a Fundamental Principle of Non-Ideal Theory: a principle that requires injustices to be (...) dealt with in whichever way will best satisfy the preferences of all relevant individuals, provided those individuals are all rational, adequately informed, broadly moral, and accept the correct “ideal theory” of fully just conditions. Chapter 2 then argues for the Principle of Application – an epistemic principle that represents the Fundamental Principle’s satisfaction conditions in terms of the aims of actual or hypothetical reformist groups. Chapters 3-5 then use these two principles to argue for substantive views regarding global/international justice. Chapter 3 argues that the two principles establish a higher-order human right for all other human rights to promoted and protected in accordance with the two principles of non-ideal theory. Chapter 4 argues that the two principles defeasibly require the international community to tolerate unjust societies, provided those societies respect the most basic rights of individuals. Finally, Chapter 5 argues that the two principles imply a duty of the international community to ameliorate the most severe forms of global poverty, as well as a duty to pursue “fair trade” in international economics. (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)