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Human Rights Quarterly

In this issue.

• Volume 46, Number 2, May 2024

Human Rights Quarterly ( HRQ ) is widely recognized as the leader in the field of human rights. For over 40 years, HRQ has published articles by experts from around the world writing for the specialist and non-specialist alike. The Quarterly provides up-to-date information on important developments within the United Nations and regional human rights organizations, both governmental and non-governmental. It presents current work in human rights research and policy analysis, reviews of related books, and philosophical essays probing the fundamental nature of human rights as defined by the Universal Declaration of Human Rights. HRQ has been nominated for the prestigious National Magazine Award for reporting.

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• "What Kind of Court Is This?": Perceptions of International Justice Among Rohingya Refugees
• Payam Akhavan, Rebecca J. Hamilton, Antonia Mulvey
• pp. 173-206
• DOI: https://doi.org/10.1353/hrq.2024.a926219

• Producing Truth: Public Memory Projects in Post-Violence Societies
• Alexandra Byrne, Bilen Zerie, Kelebogile Zvobgo
• pp. 207-233
• DOI: https://doi.org/10.1353/hrq.2024.a926220
• The Paradox of Diasporic Peacebuilding Amidst Violence: Providing Reparations to Colombians Abroad
• Rebecca Hamlin, Jamie Rowen, Luz Maria Sanchez
• pp. 234-263
• DOI: https://doi.org/10.1353/hrq.2024.a926221
• Cirights: Quantifying Respect for All Human Rights
• Skip Mark, Mikhail Filippov, David Cingranelli
• pp. 264-286
• DOI: https://doi.org/10.1353/hrq.2024.a926222
• Freedom of Speech and Academic Freedom in Higher Education in England
• Dominic McGoldrick
• pp. 287-329
• DOI: https://doi.org/10.1353/hrq.2024.a926223
• Prevention is Better than a Cure: The Obligation to Prevent Human Rights Violations
• Sigrun I. Skogly
• pp. 330-370
• DOI: https://doi.org/10.1353/hrq.2024.a926224
• The Geopolitics of Shaming: When Human Rights Pressure Works—and When it Backfires by Rochelle Terman (review)
• David P. Forsythe
• pp. 371-373
• DOI: https://doi.org/10.1353/hrq.2024.a926225
• Exponential Inequalities: Equality Law in Times of Crisis ed. by Shreya Atrey & Sandra Fredman (review)
• Barbara Havelková
• pp. 373-375
• DOI: https://doi.org/10.1353/hrq.2024.a926226
• The Khmer Rouge Tribunal: Power, Politics, and Resistance in Transitional Justice by Julie Bernath (review)
• John Quigley
• pp. 375-379
• DOI: https://doi.org/10.1353/hrq.2024.a926227
• Contributors
• pp. 380-382
• DOI: https://doi.org/10.1353/hrq.2024.a926228

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Volume 46, Number 1, February 2024

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Article contents

Feminist perspectives on human rights.

• Laura Parisi Laura Parisi Department of Women's Studies, University of Victoria
• https://doi.org/10.1093/acrefore/9780190846626.013.48
• Published in print: 01 March 2010
• Published online: 30 November 2017

Feminism has provided some new perspectives to the discourse on human rights over the years. Contemporary feminist scholarship has sought to critique the liberalism on which the conception of formal “equality” in the international human rights laws has been derived on a number of grounds. Two of the most pertinent critiques for this discussion are: the androcentric construction of human rights; and the perpetuation of the false dichotomy between the public and private spheres. This exploration of the relationship between liberalism and women’s human rights constitutes a significant shift in which many feminists had realized that the emphasis on “sameness” with men was limited in its utility. This shift rejected the “sameness” principle of the liberal feminists and brought gender-specific abuses into the mainstream of human rights theory and practice. By gender mainstreaming international institutions and future human rights treaties, specific women’s rights could be defined as human rights more generally. Feminists have since extended their critique of androcentrism and the public–private dichotomy to the study of gender inequalities and economic globalization, which is an important systemic component of structural indivisibility. In particular, the broader women’s human rights movement has come to realize that civil-political liberties and socioeconomic rights are inextricable, though there is disagreement over the exact nature of this relationship.

• human rights
• women’s rights
• international human rights laws
• androcentrism
• public–private dichotomy
• economic globalization
• civil-political liberties
• democratization

Introduction

Feminist critiques of human rights seek to dismantle several hierarchies present in the human rights regime. By critiquing the basic assumptions of human rights as they were formulated in 1945–8 , feminists have revealed that these definitions are inadequate, that men and women have different relationships with the state, and that rights are not fixed and immutable. Rather, they are historically, socially, culturally, and economically contingent. This essay explores feminist contributions to the human rights discourse in several ways. The first half of the essay chronicles and analyzes the evolution of the “women’s rights are human rights” discourse as well as the development of the notion of the indivisibility of rights. The second half of the essay looks the feminist debates with regards to women’s human rights in three issue areas or contexts: globalization, democratization, and culture. The essay concludes with a discussion of the current challenges with regards to data collection in measuring the achievement of women’s human rights.

Although there are multiple feminisms, the terms feminist and feminism are used in a broad sense in this essay to connote a shared goal of seeking to re-articulate human rights in an effort to achieve gender equality, even though theoretical entry points into the discourse and resulting strategies may vary widely among feminists (Tong 2008 ). Similarly, the concept of human rights has been contested in many ways, but it is beyond the scope of this essay to delve into these debates. Rather, the focus will be on what feminists have understood human rights to be in theory and in practice.

Women’s Rights Are Human Rights: Evolution of the Discourse

During the “first wave” of feminism (loosely defined as late nineteenth century to early twentieth century ), theorists and activists paid particular attention to the gendered construction of citizenship that was employed to deny civil and political liberties to women and other minority groups. Writings by theorists and activists such as Mary Wollstonecraft , John Stuart Mill and Harriet Taylor , Lucretia Mott , Elizabeth Cady Stanton , and Susan B. Anthony dominated early feminism. However, many of the debates that took place during the first wave also spilled over to the immediate post–World War II era, particularly during the process of creating the United Nations (UN) as well as the drafting of the Universal Declaration of Human Rights (UDHR). The central liberal feminist tenet that carried over to the post–World War II period is that men and women are the same in rational ability and capacity for individual autonomy and self-determination and therefore should be afforded full citizenship and its attendant rights, protections, and opportunities.

Yet, there were others who argued that women should be conceptualized as a group marked by sexual difference and that special protection was needed to “level the playing field”; only in this way could women advance individual self-determination and self-governance (Rupp 1997 :105; Lake 2001 :255). For many first wave liberal feminists, the primary way to achieve sexual equality (or parity) was through legislative means, i.e., suffrage, education, labor rights, etc. The liberal feminist ideal of “sameness” laid the groundwork for the future of women’s international human rights in the institutional arrangements in the United Nations as well as the drafting of the UDHR in 1948 . However, as we shall see, the theoretical tension between the competing feminist agendas of nondiscrimination and special protections had long-lasting effects in the women’s human rights movement.

The UDHR does not specifically address women’s rights but it does briefly address the idea of sexual equality in Article 2: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Those who insisted on the inclusion of “sex” in Article 2 hoped that it would address the inequality of women by putting them on an “equal footing” with men (Johnson 1998 :61). There were, of course, others who felt the inclusion of the word “sex” was unnecessary given that the UDHR explicitly states the rights delineated in the document apply to “everyone.”

Although these may seem like minor occurrences and debates, they laid the theoretical groundwork for policy making within the UN Committee on the Status of Women (CSW) and the UN High Commissioner on Human Rights (UNHCHR) for many decades. In the years that followed the creation of CSW and the ratification of the International Bill of Rights, liberal feminists paid particular attention to securing civil and political liberties for women. It is important to note that the emphasis on civil and political liberties was pervasive throughout the UN system, particularly by Western powers and those countries allied with the United States during the Cold War. Consequently, given the power of the United States in the international system during the 1950s and 1960s, it is not surprising that several other human rights conventions which specifically addressed the status of women, such as the Convention on the Political Rights of Women ( 1952 ), emphasized civil and political liberties as the way to achieve sexual equality. Like the UDHR, these covenants emphasized “sameness” and did not take into account men’s and women’s qualitatively different experiences in the public sphere nor did they tackle structures that perpetuated gender hierarchies.

Contemporary feminist scholarship has sought to critique the liberalism on which the conception of formal “equality” in the UDHR and other international human rights laws has been derived on a number of grounds. Two of the most pertinent critiques for this discussion are: the androcentric construction of human rights; and the perpetuation of the false dichotomy between the public and private spheres. The public–private split “refers to the (artificial) distinction between home (private or reproductive sphere) to which women are assigned, and the workplace (the public or productive sphere) to which men are assigned” (Peterson and Runyan 1999 :259). These concepts are connected with both the radical feminism and the socialist feminism of the 1970s that was a response to the perceived inadequacies of liberal feminism. The issue of the relationship between gender and the public and private spheres is briefly touched upon in the 1979 UN Convention on the Elimination of Discrimination Against Women (CEDAW), which was developed during the UN Decade for Women ( 1975–85 ) in order to have a “single, comprehensive and internationally binding instrument to eliminate discrimination against women” (UNDAW n.d. ). However, it was not until the late 1980s that this relationship was fully theorized in terms of women’s human rights, development, and international law. The end result has been a major theoretical shift in both theory and practice.

Both androcentrism and the public–private split are embedded in patriarchy (another core theoretical concept of radical and socialist feminisms), understood here to mean the degree to which society is “male-dominated, male-identified, and male-centered” (Johnson 1997 :5). Many contemporary feminist analyses of human rights laws, institutions and practice are grounded in critiques of the broader construct of patriarchy. Since rights themselves are socially constructed in that they reflect a “distinctive, historically unusual set of social values and practices,” the context in which human rights were/are developed is an important analytical tool (Donnelly 1999 :81). For example, Charlesworth ( 1995 :103) suggests that

because the law-making institutions of the international legal order have always been, and continue to be, dominated by men, international human rights law has developed to reflect the experiences of men and largely to exclude those of women, rendering suspect the claim of objectivity and universality in human rights law.

The claim of androcentrism in the development of human rights is predicated on two issues that are raised by Charlesworth. The first surrounds the issue of the position of the speaker; it is important to evaluate who is making rights claims and on whose behalf (Rao 1995 ). In the case of human rights discourse, the historical record reflects that mainstream human rights has largely been influenced by masculinist liberal ideology, which reflects what is desirable or ideal, such as individual autonomy, in the social construction of human rights. Hence, the claim of objectivity must be questioned.

The second issue revolves around the liberal ideological foundations of human rights, inalienability and universality. These concepts are largely derived from John Locke ’s Second Treatise on Government ( 1690 ), in which he argues for the natural and inalienable rights of human beings – rights one has simply by virtue of being human. Cast in this light, rights of individual humans appear to be universal and should take precedence above all else (Locke 1980 ). State governance should not be guided by the “greater good” principle because it encroaches upon individual “opportunity to make fundamental choices about what constitutes the good life (for them), who they associate with, and how” (Donnelly 1999 :80). Embedded in this notion of the individual is the idea that individuals are rational enough to exercise these rights. During Locke’s era the “criteria” for rationality was ownership of private property, which excluded women, low-wage workers, and slaves from exercising rights, thereby severely undermining the notion of universality. Furthermore, since the principles of inalienability and universality were theorized in the context of elite male experience, the current traditional construction of human rights excludes the experiences of women and other marginalized groups. The male experience with, and definition of, human rights came to be accepted as the “norm,” and it is this social construction of human rights that feminists have sought to challenge and rearticulate.

The individualism and egalitarianism that are crucial to Locke’s liberalism may at first seem contradictory to patriarchy, which is predicated on gender hierarchies that presume that the subordination of women to men is based on “natural” characteristics. However, as Pateman ( 1989 :33–57) observes, Locke also provides a theoretical basis for the exclusion of women from individualist arguments. Locke makes a distinction between the political power of the public sphere and paternal power in the private sphere of the family. This move is grounded in his view that women’s subordination to their husbands in the private sphere is natural and non-political, and perhaps also “pre-political” (Rao 1996 :445). This “natural” subordination of women, which is condoned and supported by the state, suggests that they cannot at the same time be free and equal individuals. Therefore, Locke’s separation between public and paternal power effectively relegates women to the private sphere (Pateman 1989 :33–57), where they have little ability to claim rights in the public sphere (Romany 1994 ). In this way, the state is able to protect both the public and private interests of men (Peterson and Parisi 1998 :147).

The public–private distinction also rests on fundamentally different conceptions of citizenship for men and women that date back to the time of the ancient Greek polis and continue to be firmly embedded in liberal thought (Grant 1991 :12–13). As a result, “human rights law was gendered male: it protected a male subject, who experienced violations primarily directed at men, in largely male spaces” (Friedman 2006 :480–1). Since the public sphere is associated with masculinity, “the duties and activities of citizenship have strongly depended on manliness” (Voet 1998 :7). As citizens, men are/were accorded certain rights that women, relegated to the private sphere, are/were not. The association of the feminine with the private sphere has historically identified and still continues to identify women as non-citizens, and, hence, as less than fully autonomous beings. For example, laws governing the nationality of children in countries such as Kenya, which deem that the citizenship of children is determined by the father’s citizenship (and not the mother’s), reinforce the concept of citizen as male. The association of the feminine with the private sphere identifies women as non-citizens, and hence, as less than fully autonomous beings unable to make claims to rights (Romany 1994 ).

The emphasis on the public sphere as the proper realm of human rights depoliticizes women’s experiences in the private and reinforces androcentric constructions of human rights. The artificial distinction between the public and the private spheres also allows for the appearance of the state as non-gendered, and masks how formal legal equality in the public sphere contributes to states’ complicity in facilitating gender hierarchies in the private sphere. In general, states are discouraged by international law from intervening in the private sphere given the primacy placed on the sanctity of the family and the right to privacy (Sullivan 1995 :127). The result is that states are held accountable only for the human rights abuses they perpetrate and not for the conduct of individuals in the private sphere, where most gender-based violence occurs. Hence, gender-based violence in the home, until recently, was not considered to be a human rights abuse (Bunch 1990 ).

For example, marital rape has historically often not been considered a criminal act by the state, and this idea is still prevalent in many countries, such as the Bahamas and Zambia, where marital rape has yet to be criminalized. Although the International Bill of Rights guarantees the right of everyone to be free from torture and enslavement by the state, and explicitly prohibits rape of and assault against women in times of conflict, it does not guarantee women freedom from domestic abuse, which for many women is a form of torture and/or enslavement (Copelon 1994 ). The subordination of women in the private sphere is justified and naturalized as the patriarchal state, in accordance with the liberal maxim of individual freedom and the protection of private property, protects the private, individual interests of men. Under international human rights laws, states have often not been held accountable for their inaction (or inadequate action) that has enabled gender-based violence in the private sphere.

Due to feminist activism and scholarship in this area, gender-specific violence is now considered a legitimate human rights issue (Bunch 1990 ; Copelon 1994 ; Keck and Sikkink 1998 ; Joachim 2003 ; Merry 2006 ). As a result, there is now the UN Declaration on the Elimination of Violence Against Women ( 1993 ), a UN Special Rapporteur on Violence Against Women, and the statute of the International Criminal Court (ICC) has further codified violence against women as a punishable offense. Although these are all very positive developments, many feminists, such as Ratna Kapur ( 2005 ), worry about the implications of the framing of women as primarily victims of violence. Kapur ( 2005 :99) argues that while “the victim subject […] provides a shared location from which women from different cultural and social contexts can speak” and also “provides women with a subject that repudiates the atomized, decontextualized and ahistorical subject of liberal rights discourse, while at the same time furnishing a unitary subject that enables women to makes claims based on a commonality of experience,” the end result is a conceptualization of “women” that falls prey to gender essentialism, producing another type of “universal” subject that “resembles the uncomplicated subject of the liberal discourse, which cannot account for multi-layered existences and experiences” (Kapur 2005 :99). Kapur, and others such as Mohanty ( 1991 ) and Narayan ( 1997 ), also argue that the focus on the victim subject results in cultural essentialism, which will be explored in more detail at the end of this essay.

Another implication of the feminist critique of the public–private dichotomy is the presumed heterosexuality of the family unit in the private sphere (Rao 1996 ; Peterson and Parisi 1998 ). The UDHR’s Article 16 protects the right of adult men and women to freely and consensually marry, and the right to found a family, “without any limitation due to race, nationality or religion” (UDHR 1948 ). Article 16.3 locates the family as the “natural and fundamental group unit of society and [it] is entitled to protection by society and the state.” Although the UDHR does not specify that marriage must be between a man and a woman or that families must be heterosexual units, Article 16 specifies nondiscrimination only on the basis of race, nationality, and religion and excludes sexuality. The exclusion of sexuality as the basis for nondiscrimination in marriage reveals a hidden (or presumed) heterosexist bias, and also raises the question of what types of families should be protected. However, the Western, liberal construction of the heterosexual family has prevailed as the dominant interpretation of Article 16 because it maps neatly onto the gendered dichotomy of the public–private split, and the “family is viewed normatively as an arena for something other than rights” since it is “pre-political,” “sentimental,” and “noncontractual” (Rao 1996 :245). As a result, heterosexism has become naturalized and normalized in many mainstream international human rights documents, and this interpretation precludes protection of any other sexual identities by rendering them outside the “fundamental group unit of society” (Peterson and Parisi 1998 ). This positioning outside the protection of the human rights framework, as is well known, has had deleterious effects on sexual minorities in not only asserting their right to sexualities, but also in making claims to other individual and group rights (LaViolette and Whitworth 1994 ; Dorf and Perez 1995 ; Peterson and Parisi 1998 ).

At the Beijing conference, the issues of gender, sexual orientation, and the definition of family were hotly contested. The use of gender came under fire by conservative groups and states who rejected a social constructivist approach to the term in order to exclude sexual orientation from being read into the definition (Chappell 2007 :515). Instead, “gender” in the Platform For Action (PFA), and other international documents since then, is now understood to mean “the two sexes, male and female, within the context of society” (ibid.). While there are numerous problems with this definition of gender, for the purposes of this discussion, it is important to highlight that the intense wrangling had two significant and related impacts on the PFA. First, all explicit references to sexual orientation in the document were dropped. Second, the use of the term family, rather than families, stayed intact. Thus, the naturalized, patriarchal, heterosexual family delineated in the UDHR is preserved. It was feared that the inclusion of specific rights for sexual minorities would result in not passing the PFA at all. Although the PFA claims the right of women to freely determine their sexuality and recognizes the family in “various forms,” for many this wording is too ambiguous and hollow given that it also acknowledges that cultural, religious, national, and regional particularities must be considered in the implementation of these rights (Steans and Ahmadi 2005 :241). By invisibilizing sexualities, the PFA precluded the delineation of more explicit rights for sexual minorities with regards to property rights, children, and so forth.

Yet, at the same time, there has been considerable discussion about whether or not advancing of the agenda of sexual minorities in a rights based framework is useful and desirable (LaViolette and Whitworth 1994 ; Morgan 2001 ; Mertus 2007 ). Mertus ( 2007 ), in her study of lesbian, gay, bisexual, transgender (LGBT) advocacy in the US, demonstrates the reluctance of many groups to adopt a rights based approach since it may require them to accept set identity categories. LaViolette and Whitworth ( 1994 ) identify a similar tension more globally. Finally, Morgan ( 2001 ) also asks whether or not it is at all desirable to fight for inclusion in a decidedly heteronormative system in the first place. This response parallels the concerns of radical feminists working to achieve women’s rights in a system that is inherently patriarchal and not worthy of being retained in their point of view (Brems 1997 ). Instead, it might be more productive to disrupt patriarchal and heteronormative systems rather than focusing on inclusion in them (Morgan 2001 ).

Ultimately, however, the exploration of the relationship between liberalism and women’s human rights constituted a significant shift in which many feminists (especially cultural feminists) realized that the emphasis on “sameness” with men was limited in its utility. The shift entailed focusing on gender relations as a category of analysis, a valuing of difference, and delineating gender-specific experiences (Brems 1997 ). This tactic rejected the “sameness” principle of the liberal feminists and brought gender-specific abuses into the mainstream of human rights theory and practice. By gender mainstreaming international institutions and future human rights treaties, specific women’s rights could be defined as human rights more generally (Bunch 1990 ).

The Structural Indivisibility of Rights

By the 1970s the limitations of the emphasis on civil and political liberties for women became increasingly clear as the UN struggled with the issues of poverty, malnutrition, and population as it began its preparations for the World Food Conference ( 1974 ) and the World Population Conference ( 1974 ). The failure of the liberal feminist assumption that the achievement of political and civil liberties would translate into economic opportunity for women prompted a re-articulation of the relationship between civil and political liberties and socioeconomic rights for women. The argument shifted to the idea that women who lack food, shelter, education, property, health services, etc. cannot fully enjoy and exercise their civil and political liberties (Parisi 2002 ). In addition, the publication of Ester Boserup’s ( 1970 ) Woman’s Role in Economic Development , in which she documented the negative consequences of modernization programs on women’s lives, influenced liberal feminists to expand their focus on rights to include economic and labor issues. This approach eventually became known as “Women in Development” (WID) and it marked the beginning of the UN Decade for Women ( 1975–85 ).

Yet, the WID approach was roundly criticized by socialist-Marxist feminists and third world feminists for its adherence to the liberal framework of “sameness” discussed earlier by promoting an “add women and stir” model of development aimed at achieving gender equality. This approach fails to examine the structures that caused and perpetuated this inequality in the first place. In response to this critique and to the lack of a more cohesive vision for women’s rights and well-being, the fledgling “global” women’s movement began to develop an explicit vision of the indivisibility of human rights. This vision was ultimately reflected in the theme of the UN Decade for Women: “Equality – Development – Peace” (FLS 1985 : paragraphs 11–13). The three objectives formed a more sophisticated basis for women’s human rights and were, and still are, viewed as “internally interrelated and mutually reinforcing, so that the advancement of one contributes to the advancement of the others” (Pietilä and Vickers 1996 :49). The first attempt at encapsulating these ideals resulted in the World Plan of Action (WPA) that in turn provided an impetus and basis for the drafting of CEDAW, which passed in the UN in 1979 , and entered into force in 1981 . (For a comprehensive history of the events leading up to the UN Decade for Women and of the drafting of CEDAW, see Fraser 1999 .)

CEDAW extends women’s rights provisions in the International Bill of Human Rights in that it created an “international bill of women’s rights” that defines and addresses all forms of discrimination against women and is guided by the principle of what Otto ( 2001 :54) calls “structural indivisibility.” Structural indivisibility stresses “interconnections between the political, economic, environmental, and security priorities of the international order and violations of human rights” (ibid.). This vision is somewhat different than Bunch’s ( 1990 ) emphasis on the necessary interconnectedness between political, civil, socioeconomic and cultural rights in that it takes into account the systemic factors which link and influence the achievement of these rights.

The majority of the 30 articles of CEDAW are concerned with social, economic, and cultural rights embedded in the liberal feminist WID and non-discrimination framework that relies heavily on the principle of equality before the law; only four articles deal explicitly with the political and civil liberties of women. However, the preamble and some of the articles of CEDAW address additional concerns important to third world feminists, Marxist feminists, and radical feminists. For example, it reiterates the call for a New International Economic Order (NIEO) to tackle global economic inequality and demands the right to cultural self-determination and the end of imperialism, colonization, and racism. CEDAW also affirms the right of women to space their children – a victory for radical feminists involved in reproductive rights movements. Finally, and perhaps most significantly, it acknowledges the contributions to society that women make in the home, thus breaking down the distinction between the public and private spheres (the personal is political) and highlighting how traditional gender roles can be a source of women’s oppression.

The mission behind CEDAW is to recast women as subjects rather than objects of development, recognizing them as fully autonomous beings entitled to human rights widely enjoyed by men, yet at the same time recognizing that there are indeed differences between men and women, such as the ability to bear children, that have historically served as justification for discrimination against women. CEDAW is thus cast in a seemingly paradoxical framework that uses both the “measure of man” as a benchmark for equal rights and correctives to move the discourse from being gender-neutral to being gender-specific (Kaufman and Lindquist 1995 ; Friedman 2006 ; Arat 2008 ). As a result, feminists challenged the patriarchal and androcentric way in which mainstream human rights treaties had been conceptualized, which largely ignored the experiences of women and other marginalized groups, but also reaffirmed some of the androcentric conceptualizations of human rights. However, in acknowledging the contributions to society that women make in the home, CEDAW breaks down the artificial distinction between the public and private spheres (the personal is political) and highlights how traditional gender roles can be a source of women’s oppression. This important claim in CEDAW has been crucial in the CEDAW committee’s ability to identify and broaden the scope of violations of women’s human rights and to redress them through their general recommendations (Arat 2008 )

Gender and Human Rights in the Context of Globalization

One important systemic component of structural indivisibility is economic globalization. Feminists have extended their critique of androcentrism and the public–private dichotomy so pervasive in the human rights discourse to the study of gender inequalities and economic globalization (Youngs 2000 ). Although there are many issues that fall under this area of study, this section will focus exclusively on the topic of the relationship between gender inequality in socioeconomic rights and economic globalization. The next section deals with democratization and will make the link between socioeconomic and civil and political rights. Feminist human rights scholars have been concerned with how the deepening of capitalism affects the state and the state’s ability to fulfill its human rights obligations. However, the crucial point of departure in this literature is its explicit focus on how this transformation is gendered and has gendered consequences (Lothian 1996 ; Sen 1997 ; Sassen 1998 ; Peratis et al. 1999 ; Bayes et al. 2001 ; Rittich 2001 ; Elson 2002 ). More explicitly, economic globalization not only produces gender inequalities, but also maintains and relies upon these inequalities in a variety of contexts in order to deepen capitalism, as well as to rearticulate the state.

As Rittich ( 2001 :96–7) notes, there are several concerns to address when assessing the relationship between the state and the achievement of women’s human rights. One issue is the recognition that the women’s rights discourse and movement was and still is deeply embedded in and reliant upon the state-centered model of human rights. Even though feminist critiques of both the human rights regime and the state have revealed both their androcentrism and their complicity in preserving the public–private split which is profoundly gendered, the solutions posed by many feminists depend on the state to change its perspective, and consequently its behavior. As such, Chappell ( 2000 :245) suggests that feminists have moved to a middle ground with regards to the state, viewing it neither as “inherently patriarchal and oppressive” nor as “gender neutral,” but rather the emphasis is now on the “interaction between the state and gender,” in which each shapes the other. For example, Weldon’s ( 2002 ) research on cross-national variations of state policy responsiveness with regards to violence against women issues shows that strong, autonomous women’s movements have significant influence on state policy change.

Regardless, the state becomes the primary agent in promoting and implementing effective strategies to eradicate gender inequalities. Yet, implicit in this design is the assumption of an economically prosperous, democratic state or, at the very least, an effectual one that subscribes to a neoliberal economic agenda. Although the international covenants on human rights allow for “progressive realization” of human rights, this concept also hinges on the notion that states will consistently and persistently search for ways to reallocate resources to further the enjoyment of human rights. For feminists, this means taking seriously the ways in which the state contributes to gender inequality through its social policies, and relying on the state to correct itself.

This perspective, of course, is not unproblematic. As Sassen ( 1998 :94) suggests, the state is still viewed as the legitimate representative of the population in the international law arena, diminishing the contributions and limiting the participation of other nonstate actors. Furthermore, access to and influence over state policies is not uniform among women’s rights and human rights groups, and states are also subject to lobbying from other special interest groups, which may or may not be supportive of human rights based initiatives (Rittich 2001 :97). In addition to these problems, as Chappell ( 2000 :246–7) notes, there is a historic disjuncture among women’s rights activists in the first and third worlds, who have quite different views regarding the utility of achieving rights through the state, given the wide variation of states with regards to resources, effectiveness, and openness/repressiveness. However, given that the Beijing PFA ( 1995 ), which now operates as the dominant referent in international women’s rights law, places responsibility with states to realize and protect women’s rights in the face of potential negative consequences of globalization (rather than challenging globalization itself), and the increasingly “economistic turn” in the gender and development literature that conceptualizes “empowerment” as economic empowerment (Marchand 1996 :580), it appears that the “national-management framework” (Bergeron 2001 :993) is the primary one in place in both the first and third worlds, as an interactive site of resource allocation and resistance.

It is important to note, however, the framework utilized by the PFA has been challenged on many fronts, most notably by indigenous women, who, in their response to the PFA, roundly criticized globalization as recolonization and responsible for environmental degradation and continued poverty in indigenous lands and nations (Vinding 1998 ). They are explicit in their rejection of the strategy of trying to mitigate the negative effects of globalization, which is embedded in the interlocking systems of oppression of capitalism, patriarchy, and colonization (Kuokkanen 2008 ). Rather, for many indigenous women, there needs to be not only recognition of the structural violence that globalization perpetuates and sustains, but also a recognition of how the PFA and the contemporary discourses on women’s rights are complicit in maintaining this system.

A second, highly interrelated issue is markets. As Elson ( 2002 :80–1) suggests, the traditional neoliberal orthodoxy that began in the 1970s and prevailed in the 1980s, “presumes that the best way to give substance to human rights is to reduce the role of the state, liberate entrepreneurial energy, achieve economic efficiency, and promote faster economic growth.” The neoliberal emphasis on the retrenchment of the state as the best way to ensure the fulfillment of human rights seems contradictory to the human rights regime’s insistence of proactive state involvement in meeting its human rights obligations. Yet, as Bayes et al. ( 2001 :3) note, both economics and politics are linked through the rhetoric if not the practice of neoliberalism, which defines the current period. They argue that in theory, neoliberal economics assumes a separation between states and markets, in which markets operate with little intervention from the state. Brodie ( 1996 :384) suggests further that this theoretical relationship between states and markets is actually one of the public and private, in which the private is made up of two realms that are presumed to be out of the “natural” purview of the state: the capitalist economy and the patriarchal family.

However, as discussed earlier, the notion of a rigid public–private divide in the human rights regime has largely been deconstructed by feminists, and in using a similar line of reasoning, feminists suggest that the globalizing neoliberal capitalist world economy rests not on a division between the state (public) and the markets (private) but rather that economic globalization, in its current form, requires an interconnection between states and markets to further its goals. That is, economic globalization requires governments to “provide for the free movement of capital, the free movement of goods, unrestricted labor markets, responsible banking systems, stable monetary policies, limited fiscal policies, attractive investment opportunities, and political stability” (Bayes et al. 2001 :3). Through these practices, the “family and other aspects of private life [are subjected to] new forms of state scrutiny, regulation, and assistance” (Brodie 1996 :385). Thus, the “boundaries” of the public–private are renegotiated, rearticulated, and blurred through the interaction of states (especially liberal democratic ones) and markets.

Although state entrenchment with regards to the economy may be a conscious and pro/re-active strategy on the part of governments as a route to economic prosperity that in theory promotes the progressive realization of socioeconomic rights through more resource allocation, the neoliberal ideology effectively shifts the responsibility away from states to markets as the guarantors of rights. Markets have little accountability and regulation in the human rights regime, insofar as multinational corporations, a major force behind globalization, have little oversight in international law and, in many cases, national law. This development poses particular challenges for feminists, who argue that the neoliberal democratic state, coupled with international human rights law, represents the best hope for the redistribution of resources guided by prioritizing the goal of gender equality. This is not to imply that feminists view the neoliberal democratic state as “gender neutral” or unproblematic. Rather, as the earlier discussion of the human rights discourse reveals, many feminists find the liberal democratic state profoundly gendered.

Another major point of feminist theorizing about globalization is that economic globalization not only produces gender inequality but also requires gender inequality to flourish and to sustain itself. Indeed, there appears to be a general consensus that globalization exacerbates gender inequality, and thus the fulfillment of women’s socioeconomic rights in relation to men’s, in important ways. There are numerous other areas in which feminists have examined globalization’s impact on gender inequality and rights, such as household relations (Kromhout 2000 ; Gonzalez 2001 ; Sircar and Kelly 2001 ; Soni-Sinha 2001 ), migrants/migration (Anderson 2000 ; Chang and Ling 2000 ; Kofman 2000 ), sex work/trafficking (Pettman 1996 ; Hanochi 2001 ), informal labor (Prügl 1999 ; Benería 2003 ), resistance (Runyan 1996 ; Karam 2000 ; Lind 2000 ; Rowbotham and Linkogle 2001 ; Naples and Desai 2002 ) and identity (Peterson 1996 ; Kuokkanen 2008 ). However, these topics are beyond the scope of this project and, as such, will not be discussed in depth here.

As noted earlier, in order for states to remain economically competitive, they adopt strategies that increase the power of the private sector at the expense of the public sector. The result is the weakening of “many institutions that in the past have assumed responsibility for human welfare – while passing on to others burdens they cannot be expected to bear” (UNRISD 1995 :128). For many women, this situation is especially problematic because in order for states to uphold their obligations under CEDAW and the Beijing PFA, they must allocate resources for social welfare programs.

There have been two major responses by states facing the choice of economic competitiveness or guaranteeing socioeconomic rights. Industrialized countries such as the United States and the United Kingdom have deregulated the labor market and wages and cut social welfare programs in order to stimulate economic growth and employment (UNRISD 1995 :131). Developing countries have often adopted structural adjustment programs that implement severe economic austerity measures with the aim of jump-starting the economy at the expense of “non-profitable” public service programs. Feminist economists have shown that structural adjustment programs (SAP) have a differential impact on men and women in that women tend to absorb most of the shock of SAPs by increasing their domestic labor (through caregiving, altering the household consumption habits, subsistence farming, informal economic activities) and by entering the labor force to provide more income for the family (Elson 1991 ; Bakker 1994 ; Benería 2003 ; Çagatay 2003 ). As a result, there has been an increase in women’s poverty and economic inequality, and this constitutes a violation of women’s socioeconomic rights (Sadasivam 1997 ).

A second, interrelated issue is how economic globalization depends on a gendered sexual division of labor. The international sexual division of labor is predicated on the public–private split in which men’s work is considered to be “human” or real work, and women’s work is determined by their “nature” (Mies 1999 :46). Work is defined as a public masculine activity and women’s work (or non-work) is defined as a private sphere activity. However, women’s work in the private sphere is extremely important to the functioning of the capitalist system, yet despite this important role, women are undervalued in both the public and private spheres because of their identification as housewives, rather than as “workers” (Mies 1999 :116). Indeed, the United Nations Development Program (UNDP) estimates that “the non-monetized invisible contribution of women is $11 trillion a year” (UNDP 1995 :6). This identification with the home as a site of “non-work” for women is also complicit in the violation of the rights of women who do work in the home for monetary gain, such as piecework. Because it is conducted in the “private sphere,” there is little international labor regulation around home based work, with the exception of the 1996 International Labor Organization Convention on Homework (Prügl 1999 ). However, only five countries have ratified it, which underscores the pervasiveness of the masculinized ideal of real, productive work that takes place only in the public sphere.

The sexual division of labor and its resulting sexism also helps maintain capitalism as system (Wichterich 2000 ; Campillo 2003 ). This has important consequences for women, because even when they do work outside the home they are usually cast in unequal terms. The implication is that capitalism necessarily depends on a certain amount of low-wage and unpaid labor to keep it functioning (Peterson 2003 ), as the “labor input in non-wage work ‘compensates’ the lowness of the wage-income and therefore in fact represents an indirect subsidy to the employers of wage laborers in those households” (Wallerstein 1988 :8). The identification of women with the private sphere helps keep capitalism’s costs low and at the same time provides a justification for this strategy.

The end result is limited economic opportunity for women since their labor is in the form of underpaid or unpaid labor in the capitalist system of profits and capital accumulation. Many labor sectors have become feminized, particularly the garment and electronics industries. Women are the preferred “workers” because they do not have to be paid as much as men. This is due in part to the devaluation of women’s labor (or the seeing of their paid labor as a natural extension of the private sphere) and the assumption that their wages are used for “extras” rather than to support the family (Mies 1999 :116). The state is complicit in perpetuating this sexism because of its need to stay competitive in global markets. Many women have their basic economic rights, such as the right to safe labor conditions and pay equity, denied because states would find it too costly to provide these opportunities to women. If the cost of production of goods increases, products would be less competitive on the international market. States are reluctant to hold multinational corporations accountable for their labor practices because the pressure for revenue is too great and the threat of relocation by multinational corporations (MNC) is real (Sen 1997 ).

The bottom line for many feminists is that economic globalization, operating within a neoliberal frame, both produces and exacerbates some forms of gender inequality. States are responding to globalization by shifting the burden onto women (and other marginalized sectors of society) to create their own social safety net. However, because women’s work is usually undervalued or unpaid given their identification with the private sphere, meeting basic needs requirements of food, shelter, health care, and clothing becomes especially challenging. In light of these gendered inequities, some feminist scholars, such as Elson ( 2006 :3) have suggested applying a gendered and rights based approach to the analysis of government budgets in order to “identify gender inequalities in budget processes, allocations and outcomes; and assess what States are obliged to do to address these inequalities” as a way to keep states accountable and responsive to women in the context of globalization.

Democratization

While the broader women’s human rights movement is in tacit agreement that civil-political liberties and socioeconomic rights are inextricable, there is disagreement over the exact nature of this relationship. Furthermore, if one takes the notion of structural indivisibility seriously, a rather complex picture of the relationship between the liberal democratic state, democratization processes, globalization, socioeconomic rights, and gender emerges. Utilizing Huntington ( 1991 ), some feminist analyses of democracies and democratization reveal that one important factor to consider with regards to gender equality is whether or not the state in question is in a period of democratic transition or of democratic consolidation (Jaquette and Wolchik 1998 ; Bystydzienski and Sekhon 1999 ; Hawkesworth 2001 ; Yoon 2001 ; Goetz and Hassim 2002 ). Many, but not all, of these studies show that women fare better in the transition phase (shifting from a nondemocratic type of government to a democratic one) than in the consolidation phase, which involves the establishment of rules, institutions, and political culture. However, there are also cases, such as in the post-communist states, where women have lost considerable economic and political power during the democratic transition phase (see, for example, Wolchik 1998 ).

Hawkesworth ( 2001 :223–6) suggests that the democratic consolidation phase in conjunction with liberal capitalist development has deleterious effects on gender equality, and thus the achievement of women’s rights, for two main reasons. First, developing countries, through modernization programs, are pressured to adopt a neoliberal capitalist model of development. This connects to the earlier discussion of economic development in the sense that modernization theory presumes that the adoption of capitalism will in turn produce a liberal democratic state, partially because liberal democracies are necessary to guarantee the private property rights that are crucial to global capitalism. A further assumption is that the combination of the deepening of capitalism and the consolidation of a liberal democracy will in fact elevate human rights fulfillment for the citizenry.

However, and this is Hawkesworth’s second point, the dominant model of Western liberal democracy that many countries seek to emulate has a weak record in achieving gender equality. With the exception of the Scandinavian countries, which Hawkesworth argues are more properly thought of as “social” democracies rather than liberal, women in advanced industrialized countries are still vastly underrepresented in the upper echelons of the public sphere. Although the advanced industrialized democracies guarantee equal rights for women and minorities, in reality the consolidation process has worked to produce and institutionalize a patriarchal elite class that undermines the principle of government for the people by the people. As the democratic consolidation process is coupled with the deepening of capitalism, political participation becomes the privilege of those who are economically empowered.

In her analysis, Hawkesworth ( 2001 :224) concludes that “democratization produces gendered redistribution of resources and responsibilities that make women worse off.” Given this scenario, it is not surprising that some feminists have linked the twin processes of globalization and democratization as detrimental to the achievement of human rights for women. Although one consequence of globalization is that more women are in the paid labor force, women have not been able to translate this into political empowerment because these economic “opportunities” are the result of having to make up for states’ inabilities to provide for basic needs. And, as noted earlier, gendered notions around work preclude the idea that more women in the labor force is a sign of increasing gender equality (Elson 2002 ). In short, globalization disempowers women economically, which in turn disempowers them politically by leaving little time, money, or energy to fully exercise civil and political rights.

Why, then, the insistence by the broader women’s human rights regime that the liberal democratic state remains the best hope for the achievement of gender equality in human rights? There are several answers to this conundrum that shed light on the further complexity of globalization, democratization, and women’s human rights achievement. First, no country has completed the process of democratic consolidation, and given that many of the countries do in fact guarantee civil and political rights, there are potential avenues to reshape the consolidation process to demand accountability. For example, feminist scholars have tracked the global diffusion of two notable policies: (1) the adoption of gender quotas in electoral processes, which more than fifty countries have done as a way to increase women’s participation in public life (Bauer 2008 ; Dahlerup 2008 ; Krook 2008 ; Sacchet 2008 ); and (2) the development of women’s policy agencies within the state (also known as “state feminism”) in over 165 countries (True and Mintrom 2001 ; Lovenduski 2005 ). While there are significant disagreements among feminists about the quality of women’s representation in these spheres as well as about the utility of both of these developments for the achievement of gender equality and women’s rights, they are cautiously viewed as positive developments nonetheless.

Second, and closely related to the first point, although globalization has had negative consequences, it also opens up spaces for women’s informal and formal political empowerment (Sassen 1998 ; Moghadam 1999 ; Bayes et al. 2001 ). Sassen ( 1998 :94) suggests that “globalization is creating new operational and formal openings for the participation of non-state actors and subjects,” which in turn provides for the possibility of reshaping ideas about representation, power, and authority. Third, although the role of the state appears to be diminishing or transforming in the wake of globalization, the unevenness of globalization has also ensured that human rights are a part of the permanent global agenda, and thus states are still crucial actors in this regard.

Fourth, and finally, as Rittich ( 2001 :96) observes, “human rights are now often mentioned in the same breath as market reform and development.” Some feminists have recognized this linking of human rights and markets as an opportunity to press for a refined state-management approach coupled with collective global governance to mitigate the negative effects of the global economy. However, others, such as Bergeron ( 2001 ), are skeptical of this approach because of the way feminist appeals to the state for “protection” frame the subjectivities and agency of women. Bergeron ( 2001 :995) suggests that when women are depicted as victims of globalization, an unintended consequence can be that the state will move to adopt “the traditional masculine role of protecting women and families.” This result is ultimately contrary to many feminist goals in achieving rights, and further points out the limitations of “victimization” rhetoric, as mentioned earlier, in accomplishing such goals.

Feminists have utilized the idea of indivisibility to challenge embedded gender hierarchies in the human rights regime to greatly expand the inclusiveness and, therefore, universality of rights (Otto 2001 :54–5). In particular, feminists have shown how the private and public spheres are interconnected, suggesting that economic, social, and political rights are necessarily linked – each one is key to the enjoyment of the other. Feminists have also identified international structures, such as security regimes and the global economy, as key variables to be examined, understood, and accounted for in relation to gender inequality in human rights. The “structural indivisibility” framework easily extends to all contemporary human rights regimes in that it provides an analytic tool for evaluating the impacts of globalization on gender inequality and socioeconomic rights.

The Question of Culture

The topic of cultural practice, traditions, and customary laws has occupied a central place of importance in feminist critiques and understandings of human rights. A central, well-known tension is between universal and cultural relativist positions on human rights. The universal position decrees human rights as inalienable and held by all members of the “human family,” whereas the cultural relativist position argues that “members of one society may not legitimately condemn the practices of societies with different traditions, denying that there can be valid external critiques of culturally-based practices and that no legitimate cross-cultural standards for the evaluating the treatment of rights exist” (Mayer 1995 :176). Many justifications for the denial of women’s human rights are framed in cultural relativist terms, and often positioned as an anti-Western, anti-imperialist response (Rao 1995 ; Brems 1997 ; Narayan 1998 ; Shacher 2001 ; Kapur 2005 ; Winter 2006 ; Bovarnick 2007 ). This paradoxical position frequently results in conflict between women’s individual rights and group cultural rights. Women may agree with the right of their cultural group to practice their culture, while at the same time disagreeing with how these cultural practices affect their personal autonomy and agency. Winter ( 2006 :385) notes that cultural relativist arguments are disproportionately deployed on the question of women’s rights, in that “those articles in UN treaties in favor of religious and cultural rights and the elimination of race discrimination do not appear to be as problematically ‘Western’ as those which defend women’s rights.” The literature on the topic of culture is vast and complex, and due to space constraints, there will be only a cursory and oversimplified overview of it here.

An important contribution of the feminist literature in this area is a deconstruction of the term “culture” itself. Rao ( 1995 :173) argues that culture is “a series of constantly contested and negotiated social practices whose meanings are influenced by the power and status of their interpreters and participants.” By identifying culture as a dynamic, political practice, it allows for a move away from cultural essentialism, or the idea that culture is somehow a homogeneous, static, internally consistent, natural, prediscursive given. Cultural essentialism, as such, is a form of cultural relativism in that it often positions itself as “traditional” and “authentic” and therefore not subject to critical examination. Furthermore, cultural essentialism can also mask “synecdochic substitutions” in which “‘parts’ of a practice come to come to stand in for a whole” and obscure the harmful nature of these “traditional” practices (Narayan 1998 :95). By defining culture as an ongoing process, feminist human rights scholars have revealed the gendered power dynamics embedded in the construction and perpetuation of cultural and religious practices. As Rao ( 1995 :168) notes, by understanding culture in this way, one can ask to what degree members of a cultural group are able to participate in the defining of culture as well as who benefits from a particular version of culture.

There is also considerable emphasis on the tension between universalism and cultural relativism (Brems 1997 ; Okin 1998 ; Bovarnick 2007 ; Freedman 2007 ; Steans 2007 ). Some feminist scholars suggest that the application of universal human rights has had little applicability in non-Western contexts. Bovarnick’s ( 2007 ) study of rape in Mexico and Pakistan reveals important insights into the question of cultural context and particularity when assessing whether or not universal human rights are useful in addressing violence against women. Positioning Mexico and Pakistan as non-Western countries in this study, her analysis reveals that while discourses around violence against women in both of these countries are in fact quite particularized, there are transcultural connections that can be made through the commonalities of “how traditional social mechanisms legitimize and reproduce violence against women” (Bovarnick 2007 :61). Despite their vast cultural differences, the two countries appropriate and regulate women’s bodies and sexuality in a similar fashion, highlighting the importance of addressing the global mechanism of which these different manifestations of violence against women are a part (Bovarnick 2007 ). Bovarnick seems to be suggesting that there are other transcultural universals emerging out of non-Western contexts that need to be taken into account in order to render a potentially different understanding and potential acceptance of universal rights.

Narayan ( 1998 ), however, suggests that for feminists to even use categories such as “Western” and “non-Western” is a culturally essentialist move in itself that can play right into the hands of third world fundamentalists, who often use cultural relativist and anti-imperialist justifications to deny women’s human rights, as well as of “Western cultural supremacists,” who support the idea that the West is morally and politically superior to all “Others” (Narayan 1998 :97). Furthermore, she takes issue with the notion that “equality” and “human rights” are inherently “Western values” to begin with. Narayan (ibid.) argues that “as a result of political struggles by […] various excluded groups in both Western and non-Western contexts […] doctrines of equality and rights have slowly come to be perceived as applicable to them, too.” For Narayan (ibid.), conceptualizations of rights and equality are not just products of Western imperialism but can be considered as products of struggles against internal and external forms of Western imperialism.

Many other feminist scholars are also currently engaged with trying to reconcile universalism with cultural particularism as a way to move past this polarizing dichotomy and to advance the goals of women’s human rights and gender equality. Nussbaum ( 2000 :100) argues for the capabilities approach which focuses on “what people are actually able to do and to be” rather than on what rights or resources individuals have, as one way to traverse this dichotomy. She builds a very complex argument that is oversimplified here due to space constraints, but at the crux of her work is development of the capabilities model, which is informed by the work of Amartya Sen , Marx , and Aristotle and others. Nussbaum argues that her list of basic human functional capabilities (life; bodily health; bodily integrity; senses, imagination, and thought; emotions; practical reason; affiliation; other species; play; control over one’s environment) are cross-culturally recognizable and desirable as well as necessary to the flourishing of human life ( 2000 :78–80). She suggests that by using capabilities, rather than rights, as the goals to be achieved, we will have the tools for developing a cross-cultural consensus for “determining a decent social minimum in a variety of areas” (Nussbaum 2000 :75). In her view, the capabilities approach is universal but not ethnocentric, for “ideas about activity and ability are everywhere, and there is no culture in which people do not ask themselves what they are able to do, what opportunities they have for functioning” ( 2000 :100). She further buttresses her claims by applying the capabilities criteria to the lives of two Indian women, and concludes they are already thinking, speaking, and acting in accordance with the language of capabilities ( 2000 :106–10). She also argues that capabilities can be realized in multiple ways according to context, etc., and that by positioning capabilities as the goal, the choice is left open whether or not to pursue the accompanying function ( 2000 :105). Nussbaum does not reject human rights discourse altogether, which she also suggests is not exclusively Western, even though it is often thought to be. Rather, she sees human rights frameworks as an important way to achieve capabilities because rights discourses can recognize and justify human capabilities, make claims of entitlement vis-à-vis the democratic state, and emphasize individual choice and autonomy.

To be sure, there have been many critiques of Nussbaum’s work, and I will address only a few critiques in cursory way here. Phillips ( 2001 ) worries that the capabilities approach takes us too far from an agenda of equality, which has been a central preoccupation for many feminists working in the human rights arena. Phillips warns that the capability approach is too focused on the question of freedom of choice, and this can result in unequal outcomes between the sexes. Phillips concludes as well that that there would be little redress for gendered inequalities that the capabilities approach might produce, if in fact a minimum standard of capabilities was in place for everyone. This does not imply equal capabilities but rather relational ones that could be fundamentally premised on sustaining gender inequalities.

Others, such as Quillen ( 2001 ) and Charusheela ( 2008 ), trouble Nussbaum’s attempts at developing a non-ethnocentric universal ethic by which to conceptualize the “human” in the capabilities model. Quillen ( 2001 :89) argues that Nussbaum’s adherence to liberal humanism actually undermines her project because it is an inadequate framework for understanding the intersections and sources of structural oppressions as well as for analyzing the self (see Nussbaum 2001 for her response to Quillen’s critiques). Charusheela ( 2008 ) argues that Nussbaum’s arguments for universality are in fact ethnocentric, due to their location in modernism, which posits a normative ideal based on Western liberal conceptualizations of the democratic state and capitalist system, and their attendant institutions, as the best way to deliver on capabilities. For Charusheela ( 2008 :13) the capabilities approach therefore rests on “an underlying set of assumptions about human nature that masquerades as universal – cognition expressed in particular ways, decisions made in specific ways, reason and voice deployed in ways appropriate to these institutions ” (emphasis in the original). Both Charusheela and Quillen suggest that we should be utilizing postcolonial feminist theories as the way to build a more collective response to social inequalities.

Some feminist human rights theorists are looking to social activism as a way to resolve the tensions between the particular and the universal. Ackerly ( 2001 ) argues that women’s human rights activists generate a cross-cultural theory of human rights that both invokes and contributes to the universal human rights project while at the same time being able to advocate these ideals in locally appropriate ways. Steans ( 2007 ) makes a similar point in her analysis, highlighting the role that conflict, contestation, and reflection play in feminist transnational advocacy networks in forging new understandings about the basis of collective identities and “shared” interests. She suggests that rather than challenging the notion of universal human rights for women, the conflict generated over cultural differences in feminist transnational advocacy networks serves to buttress universality as these conflicts potentially lead to resolutions that are “both more inclusive and better reflect the actual diversity of women” (Steans 2007 :17).

Reilly ( 2007 ) approaches this question through the lens of cosmopolitan feminism and argues that this theoretical perspective rejects the notion that women are united by a common identity or common experience, and can serve as a transformative political framework. Offering up the ICC NGO Women’s Caucus for Gender Justice and PeaceWomen Project focused on the passage and implementation of UN Security Council Resolution 1325 (which gender mainstreams security issues) as examples, Reilly suggests that cosmopolitan feminism is a “process-oriented framework wherein the direction and content of feminist practice is determined in cross-boundaries dialogue within and across women’s movements” ( 2007 :182). Reilly suggests that through this framework, a global feminist consciousness can be developed that challenges “false universalisms” predicated on false, but powerful, binaries that construct and maintain gender, race, and class inequalities ( 2007 :187). In challenging these binaries through an intersectional framework, cosmopolitan feminism can “critically [reinterpret] universal values such as the rule of law, human rights, and secular democratic politics” ( 2007 :193).

The feminist cosmopolitan approach is not without its critics, however. Both Kaplan ( 2001 ) and Grewal ( 2005 ) argue that the global feminism envisioned by feminist cosmopolitanism produces a new type of Orientalism that is heavily predicated on rescue discourses, which serve to maintain, rather than transform, existing power inequalities. For example, Kaplan ( 2000 :222) suggests that the “cross-cultural dialogues” central to feminist cosmopolitanism are predicated on the view that “patriarchy and other forms of oppression are […] largely overcome in the metropolitan centers of the West,” necessitating a shift “to the spaces of ‘tradition’ and ‘barbarism’ in the margins – the ‘orient’ or the Third World.” Using Hillary Rodham Clinton ’s appearance at the 1995 Beijing Conference on Women as a focal point of her analysis, Kaplan illustrates how cosmopolitan feminism and its attendant discourses on human rights (which Kaplan argues are still primarily liberal in theoretical orientation) “travel” (literally and figuratively) to “other” parts of the world to facilitate cross-cultural dialogue, which ultimately feminizes and positions the third world as space that needs to be saved, or rescued (Grewal 2005 ).

As a result, “the ‘West’ is uncritically assumed to embody ‘equality’, ‘democracy’, and ‘freedom’ despite its serious involvement and investments in […] systems of oppression and power” (Russo 2006 :573). These critiques are amply demonstrated in two case studies of the Feminist Majority Foundation’s (FMF) work in relation to Afghani women’s rights, in which the FMF relied on rescuing and saving discourses while simultaneously highlighting its work with the Revolutionary Association of the Women of Afghanistan (RAWA) as a project of global (cosmopolitan) feminism throughout its Campaign to End Gender Apartheid (Farrell and McDermott 2005 ; Russo 2006 ).

Grewal’s ( 2005 ) and Kaplan’s ( 2001 ) contention that the cosmopolitan feminist women’s human rights framework constructs difference and produces particular discourses of power and subjects in ways that exempt the West from critical interrogation of their roots in creating and maintaining interlocking systems of oppression are important points to consider in light of Reilly’s arguments, above, in terms of intersectional frameworks. How is difference in terms of intersecting identities as well as agency understood? And, does this approach enable the transcendence of binaries, or recast them, (re)producing both old and new inequalities? Finally, assuming these binaries are contested and transformed, whose “universal” values will be reinterpreted, by whom, and for what ends?

Feminist Futures: Measuring the Achievement of Women’s Human Rights

This essay points to a number of controversies, such as issues regarding culture, sexuality, and neo-imperialism, which need further consideration by feminists. However, the essay has not addressed methodological issues, which are also important for the study and achievement of women’s human rights. Data collection is an important component for a variety of methodological approaches and, as such, deserves further scrutiny here.

During the UN Decade for Women, feminist transnational networks argued for the need to collect sex-disaggregated data. Although heralded by many feminists at the time as a major breakthrough, this has increasingly come under scrutiny. First, there are many provisions in both women’s rights and human rights documents that guarantee a wide range of civil and political liberties and socioeconomic rights but there are actually few data to measure these particular rights. As argued in this essay, feminists conceptualize human rights as something far more complex than the equitable distribution of the presumed benefits and resources of economic development, globalization, and democratization, such as individual empowerment and capacity building, which are difficult to quantify.

Second, because human rights data are often outcomes based and reflect the performance of states, they are actually defined by the public sphere (as are data focused on legally based indicators). As noted earlier in this essay, one of the key insights of feminist human rights scholarship on gender inequality has been its insistence on the interaction of the public and private spheres, and the rejection of this binary as mutually exclusive. That is to say, what happens in the public sphere has ramifications for gender ideology and roles in the private sphere. As such, these measures simply cannot capture the gendered dynamics of the private sphere, which have ideological, physical, and material consequences for the achievement of rights. Because of their inability to capture gendered interactions between the public and private spheres as well as gendered relations within those spheres, the data are at best capturing sex discrimination within the confines of the neoliberal global order rather than the structural feature of gender oppression. In this case, sex is operationalized as an empirical category and gender is an analytical one; yet the sex-disaggregated data are being used as a substitute for “gender.”

Many human rights indicators (though not all) use male experience as the norm, and the achievement of women’s human rights is seen as relative to the rights that men have already achieved. Thus, the typical human rights data show that women are discriminated against in so far as they have not achieved the same rights as men, despite the efforts put forth by many feminists to expand and reframe notions of rights that take into account the difference of women’s and men’s lived realities. Barriteau ( 2006 ), in her study of the Commonwealth Caribbean, argues that composite human rights indicators, such as the Gender Development Index (GDI) and the Gender Empowerment Measure (GEM), place too much emphasis on the material relations of power (and empowerment) to the exclusion of the social and ideological relations of power. Thus, the high score of the Commonwealth Caribbean countries on both the GDI and GEM masks the daily realities of gender based oppression in many women’s lives. Because of this, it looks as if women’s human rights have been achieved, and therefore it is very difficult to mount a critical challenge against the indicators. Many feminists are concerned that this type of outcome creates “an impression that women no longer require assistance and that men are now much more needy beneficiaries” and as a result, there will be a “re-masculinization” of both the development and human rights discourses (McIlwaine and Datta 2003 :375).

Adding to these concerns about the type of data used to measure the success or failure of gender mainstreaming human rights, Wood ( 2005 ) raises the important point that the overall ideology of gender mainstreaming human rights in fact homogenizes both men and women and that this homogenization is often mistaken for commonality. Wood argues that the cost of the homogenization of gender in the policy process, even though it is an efficient and expedient way to gender mainstream human rights and development, is the neglect of “difference” within these homogenized categories of men and women. This is a crucial point because the rationale around gender mainstreaming is to understand how certain social and economic policies impact men and women differently, and the data constructed to evaluate this difference reflect this focus. Wood argues that in order for gender mainstreaming to be more effective, more attention must be paid to the differences among women (and by extension among men) in terms of class, race, ethnicity, sexuality, etc. By this logic, data collection would have to be transformed. For example, it is not enough to point to the increased numbers of women in parliaments and call it gender mainstreaming human rights success. Additional data need to be known about which women are in these positions, which women are not, and why. This would also tell us something about how patriarchal systems can accommodate a certain amount or type of women seeking power while excluding others (hooks 2000 ).

Gender inequality is not separate from class, race, ethnicity, age, and sexual inequalities. Yet, given the current construction of data, we are forced to construct and evaluate gender equality and the achievement of human rights in very narrow and rigid ways. Though this is already happening to some degree, a future task for feminist scholars and activists is to conceptualize and advocate for human rights data that can capture gender inequality in multidimensional and intersectional ways.

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Links to Digital Materials

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Center for Reproductive Law. At www.reproductiverights.org/ , accessed May 11, 2009. A non-profit legal advocacy organization for the protection of reproductive rights worldwide. Provides information on current events related to reproductive rights laws globally, in-depth analyses by region, country, and issue information about litigation, and assessments of the UN and other international organizations.

Human Rights Watch, Women’s Rights page. At www.hrw.org/en/category/topic/women%E2%80%99s-rights , accessed May 11, 2009. Provides news updates and in-depth reports on a range of women’s human rights issues, such as domestic and sexual violence, HIV/AIDS, labor, security, and migration.

MADRE. At www.madre.org , accessed May 11, 2009. A women’s human rights NGO. Provides resource information and information on current campaigns.

UN Beijing Platform for Action (1995). At www.un.org/womenwatch/daw/beijing/platform/ , accessed May 11, 2009. Provides the full text to the PFA. Includes links to information about the Beijing Conference on Women, country statements, Beijing +5, and Beijing +10.

UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). At www.un.org/womenwatch/daw/cedaw/cedaw.htm , accessed May 11, 2009. Provides the full text of the convention in all of the official UN languages. Includes a list of states, parties, and reservations to the convention, and country reports. Access to the text of the CEDAW Optional Protocol.

UN GenderInfo Database. At www.devinfo.info/genderinfo/ , accessed May 11, 2009. Searchable database of sex disaggregated statistics related to the following sectors: education, families, health and nutrition, population, public life, and work.

UN Office of the Special Advisor on Gender Issues and Advancement of Women Gender Mainstreaming Page. At www.un.org/womenwatch/osagi/gendermainstreaming.htm , accessed May 11, 2009. This page provides information on the concepts and definitions used to guide the practice of gender mainstreaming of women’s human rights in the UN system. Provides examples of good practices.

UN WomenWatch. At www.un.org/womenwatch/ , accessed May 11, 2009. Inter-agency information center on all women’s issues at the UN. Provides links to news and highlights, events, current campaigns, publications, websites and videos, statistical data, and all agencies working on issues related to women’s rights, development, and gender mainstreaming.

Women, Environment, and Development Organization (WEDO). At www.wedo.org/ , accessed May 11, 2009. A women’s human rights and development NGO which features an extensive online library on a variety of topics ranging from climate change to trade and their impact on achieving gender equality. Also provides in-depth reports and fact-sheets.

Acknowledgments

Special thanks to: Brooke Ackerly , the editor of the FTGS section’s contribution to the compendium, and Andrea Gerlak , Managing Editor of the ISA compendium, for their encouragement and support; Zehra Arat, for her helpful suggestions and coordination of the reviewers’ comments; the two anonymous reviewers, whose comments helped sharpen and deepen this essay; Shannon Mcleod , for her editorial and research assistance; and Mindy McGarrah Sharp , for her administrative assistance. All remaining errors and inaccuracies are, of course, attributable solely to the author.

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"Why Human Rights?": Reflection by Eleni Christou

This post is the first installment from UChicago Law's International Human Rights Law Clinic in a series titled — The Matter of Human Rights. In this 16-part series, law students examine, question and reflect on the historical, ideological, and normative roots of the human rights system, how the system has evolved, its present challenges and future possibilities. Eleni Christou is a third year in the Law School at the University of Chicago.

Why Human Rights?

By: Eleni Christou University of Chicago Law School Class of 2019

When the term “human rights” is used, it conjures up, for some, powerful images of the righteous fight for the inalienable rights that people have just by virtue of being human. It is Martin Luther King Jr. before the Washington monument as hundreds of thousands gather and look on; it is Nelson Mandela’s long walk to freedom; or a 16-year-old Malala telling her story, so others like her may be heard. But what is beyond these archetypes? Does the system work? Can we make it work better? Is it even the right system for our times? In other words, why human rights?

Human rights are rights that every person has from the moment they are born to the moment they die. They are things that everyone is entitled to, such as life, liberty, freedom of expression, and the right to education, just by virtue of being human. People can never lose these rights on the basis of age, sex, nationality, race, or disability. Human rights offer us a principled framework, rooted in normative values meant for all nations and legal orders. In a world order in which states/governments set the rules, the human rights regime is the counterweight, one concerned with and focused on the individual. In other words, we need human rights because it provides us a way of evaluating and challenging national laws and practices as to the treatment of individuals.

The foundational human right text for our modern-day system is the  Universal Declaration of Human Rights . Adopted by the United Nations General Assembly in December, 1948, this document lays out 30 articles which define the rights each human is entitled to. These rights are designed to protect core human values and prohibit institutions and practices that are contrary to the enjoyment of the rights. Rights often complement each other, and at times, can be combined to form new rights. For example, humans have a right to liberty, and also a right to be free from slavery, two rights which complement and reinforce each other. Other times, rights can be in tension, like when a person’s right to freedom of expression infringes upon another’s right to freedom from discrimination.

In this post, I’ll provide an example of how the human rights system has been used to do important work. The international communities’ work to develop the law and organize around human rights principles to challenge and sanction the apartheid regime in South Africa provides a valuable illustration of how the human rights system can be used successfully to alleviate state human rights violations that previously would have been written off as a domestic matter.

From 1948 to 1994, South Africa had a system of racial segregation called ‘ apartheid ,’ literally meaning ‘separateness.’ The minority white population was committing blatant human rights violations to maintain their control over the majority black population, and smaller multiethnic and South Asian communities. This system of apartheid was codified in laws at every level of the country, restricting where non-whites could live, work, and simply be. Non-whites were stripped of  voting rights ,  evicted from their homes  and forced into segregated neighborhoods, and not allowed to travel out of these neighborhoods without  passes . Interracial marriage was forbidden, and transport and civil facilities were all segregated, leading to extremely inferior services for the majority of South Africans. The horrific conditions imposed on non-whites led to  internal resistance movements , which the white ruling class responded to with  extreme violence , leaving thousands dead or imprisoned by the government.

While certain global leaders expressed concern about the Apartheid regime in South Africa, at first, most (including the newly-formed UN) considered it a domestic affair. However, that view changed in 1960 following the  Sharpeville Massacre , where 69 protesters of the travel pass requirement were murdered by South African police. In 1963, the United Nations Security Council passed  Resolution 181 , which called for a voluntary arms embargo against South Africa, which was later made mandatory. The Security Council condemned South Africa’s apartheid regime and encouraged states not to “indirectly [provide] encouragement . . . [of] South Africa to perpetuate, by force, its policy of apartheid,” by participating in the embargo. During this time, many countries, including the United States, ended their arms trade with South Africa. Additionally, the UN urged an oil embargo, and eventually  suspended South Africa  from the General Assembly in 1974.

In 1973, the UN General Assembly passed the  International Convention on the Suppression and Punishment of the Crime of Apartheid , and it came into force in 1976. This convention made apartheid a crime against humanity. It expanded the prohibition of apartheid and similar policies outside of the South African context, and laid the groundwork for international actions to be taken against any state that engaged in these policies. This also served to further legitimize the international response to South Africa’s apartheid regime.

As the state-sanctioned violence in South Africa intensified, and the global community came to understand the human rights violation being carried out on a massive scale, countries worked domestically to place trade sanctions on South Africa, and many divestment movements gained popular support. International sports teams refused to play in South Africa and cut ties with their sports federations, and many actors engaged in cultural boycotts. These domestic actions worked in tandem with the actions taken by the United Nations, mirroring the increasingly widespread ideology that human rights violations are a global issue that transcend national boundaries, but are an international concern of all peoples.

After years of domestic and international pressure, South African leadership released the resistance leader Nelson Mandela in 1990 and began negotiations for the dismantling of apartheid. In 1994, South Africa’s apartheid officially ended with the first general elections. With universal suffrage, Nelson Mandela was elected president.

In a  speech to the UN General Assembly , newly elected Nelson Mandela recognized the role that the UN and individual countries played in the ending of apartheid, noting these interventions were a success story of the human rights system. The human rights values embodied in the UDHR, the ICSPCA, and numerous UN Security Council resolutions, provided an external normative and legal framework by which the global community could identify unlawful state action and hold South Africa accountable for its system of apartheid. The international pressure applied via the human rights system has been considered a major contributing factor to the end of apartheid. While the country has not fully recovered from the trauma that decades of the apartheid regime had left on its people, the end of the apartheid formal legal system has allowed the country to begin to heal and move towards a government that works for all people, one that has openly embraced international human rights law and principles in its constitutional and legislative framework.

This is what a human rights system can do. When state governments and legal orders fail to protect people within their control, the international system can challenge the national order and demand it uphold a basic standard of good governance. Since the adoption of the Universal Declaration of Human Rights, the human rights system has grown, tackled new challenges, developed institutions for review and enforcement, and built a significant body of law. Numerous tools have been established to help states, groups, and individuals defend and protect human rights.

So why human rights? Because the human rights system has been a powerful force for good in this world, often the only recourse for marginalized and minority populations. We, as the global community, should work to identify shortcomings in the system, and work together to improve and fix them. We should not —  as the US has been doing under the current administration  — selectively withdraw, defund, and disparage one of the only tools available to the world’s most vulnerable peoples. The human rights system is an arena, a language, and a source of power to many around the world fighting for a worthwhile future built on our shared human values.

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Essay on Human Rights: Samples in 500 and 1500

• Updated on  
• Dec 9, 2023

Essay writing is an integral part of the school curriculum and various academic and competitive exams like IELTS , TOEFL , SAT , UPSC , etc. It is designed to test your command of the English language and how well you can gather your thoughts and present them in a structure with a flow. To master your ability to write an essay, you must read as much as possible and practise on any given topic. This blog brings you a detailed guide on how to write an essay on Human Rights , with useful essay samples on Human rights.

This Blog Includes:

The basic human rights, 200 words essay on human rights, 500 words essay on human rights, 500+ words essay on human rights in india, 1500 words essay on human rights, importance of human rights, essay on human rights pdf.

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Also Read: 1-Minute Speech on Human Rights for Students

What are Human Rights

Human rights mark everyone as free and equal, irrespective of age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the Second World War. On the 10th of December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Its adoption led to the recognition of human rights as the foundation for freedom, justice and peace for every individual. Although it’s not legally binding, most nations have incorporated these human rights into their constitutions and domestic legal frameworks. Human rights safeguard us from discrimination and guarantee that our most basic needs are protected.

Did you know that the 10th of December is celebrated as Human Rights Day ?

Before we move on to the essays on human rights, let’s check out the basics of what they are.

Also Read: What are Human Rights?

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Here is a 200-word short sample essay on basic Human Rights.

Human rights are a set of rights given to every human being regardless of their gender, caste, creed, religion, nation, location or economic status. These are said to be moral principles that illustrate certain standards of human behaviour. Protected by law , these rights are applicable everywhere and at any time. Basic human rights include the right to life, right to a fair trial, right to remedy by a competent tribunal, right to liberty and personal security, right to own property, right to education, right of peaceful assembly and association, right to marriage and family, right to nationality and freedom to change it, freedom of speech, freedom from discrimination, freedom from slavery, freedom of thought, conscience and religion, freedom of movement, right of opinion and information, right to adequate living standard and freedom from interference with privacy, family, home and correspondence.

Also Read: Law Courses

Check out this 500-word long essay on Human Rights.

Every person has dignity and value. One of the ways that we recognise the fundamental worth of every person is by acknowledging and respecting their human rights. Human rights are a set of principles concerned with equality and fairness. They recognise our freedom to make choices about our lives and develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as the basic rights that people worldwide have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the right to health, education and an adequate standard of living. These human rights are the same for all people everywhere – men and women, young and old, rich and poor, regardless of our background, where we live, what we think or believe. This basic property is what makes human rights’ universal’.

Human rights connect us all through a shared set of rights and responsibilities. People’s ability to enjoy their human rights depends on other people respecting those rights. This means that human rights involve responsibility and duties towards other people and the community. Individuals have a responsibility to ensure that they exercise their rights with consideration for the rights of others. For example, when someone uses their right to freedom of speech, they should do so without interfering with someone else’s right to privacy.

Governments have a particular responsibility to ensure that people can enjoy their rights. They must establish and maintain laws and services that enable people to enjoy a life in which their rights are respected and protected. For example, the right to education says that everyone is entitled to a good education. Therefore, governments must provide good quality education facilities and services to their people. If the government fails to respect or protect their basic human rights, people can take it into account.

Values of tolerance, equality and respect can help reduce friction within society. Putting human rights ideas into practice can help us create the kind of society we want to live in. There has been tremendous growth in how we think about and apply human rights ideas in recent decades. This growth has had many positive results – knowledge about human rights can empower individuals and offer solutions for specific problems.

Human rights are an important part of how people interact with others at all levels of society – in the family, the community, school, workplace, politics and international relations. Therefore, people everywhere must strive to understand what human rights are. When people better understand human rights, it is easier for them to promote justice and the well-being of society. 

Also Read: Important Articles in Indian Constitution

Here is a human rights essay focused on India.

All human beings are born free and equal in dignity and rights. It has been rightly proclaimed in the American Declaration of Independence that “all men are created equal, that they are endowed by their Created with certain unalienable rights….” Similarly, the Indian Constitution has ensured and enshrined Fundamental rights for all citizens irrespective of caste, creed, religion, colour, sex or nationality. These basic rights, commonly known as human rights, are recognised the world over as basic rights with which every individual is born.

In recognition of human rights, “The Universal Declaration of Human Rights was made on the 10th of December, 1948. This declaration is the basic instrument of human rights. Even though this declaration has no legal bindings and authority, it forms the basis of all laws on human rights. The necessity of formulating laws to protect human rights is now being felt all over the world. According to social thinkers, the issue of human rights became very important after World War II concluded. It is important for social stability both at the national and international levels. Wherever there is a breach of human rights, there is conflict at one level or the other.

Given the increasing importance of the subject, it becomes necessary that educational institutions recognise the subject of human rights as an independent discipline. The course contents and curriculum of the discipline of human rights may vary according to the nature and circumstances of a particular institution. Still, generally, it should include the rights of a child, rights of minorities, rights of the needy and the disabled, right to live, convention on women, trafficking of women and children for sexual exploitation etc.

Since the formation of the United Nations , the promotion and protection of human rights have been its main focus. The United Nations has created a wide range of mechanisms for monitoring human rights violations. The conventional mechanisms include treaties and organisations, U.N. special reporters, representatives and experts and working groups. Asian countries like China argue in favour of collective rights. According to Chinese thinkers, European countries lay stress upon individual rights and values while Asian countries esteem collective rights and obligations to the family and society as a whole.

With the freedom movement the world over after World War II, the end of colonisation also ended the policy of apartheid and thereby the most aggressive violation of human rights. With the spread of education, women are asserting their rights. Women’s movements play an important role in spreading the message of human rights. They are fighting for their rights and supporting the struggle for human rights of other weaker and deprived sections like bonded labour, child labour, landless labour, unemployed persons, Dalits and elderly people.

Unfortunately, violation of human rights continues in most parts of the world. Ethnic cleansing and genocide can still be seen in several parts of the world. Large sections of the world population are deprived of the necessities of life i.e. food, shelter and security of life. Right to minimum basic needs viz. Work, health care, education and shelter are denied to them. These deprivations amount to the negation of the Universal Declaration of Human Rights.

Also Read: Human Rights Courses

Check out this detailed 1500-word essay on human rights.

The human right to live and exist, the right to equality, including equality before the law, non-discrimination on the grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, the right to freedom of speech and expression, assembly, association, movement, residence, the right to practice any profession or occupation, the right against exploitation, prohibiting all forms of forced labour, child labour and trafficking in human beings, the right to freedom of conscience, practice and propagation of religion and the right to legal remedies for enforcement of the above are basic human rights. These rights and freedoms are the very foundations of democracy.

Obviously, in a democracy, the people enjoy the maximum number of freedoms and rights. Besides these are political rights, which include the right to contest an election and vote freely for a candidate of one’s choice. Human rights are a benchmark of a developed and civilised society. But rights cannot exist in a vacuum. They have their corresponding duties. Rights and duties are the two aspects of the same coin.

Liberty never means license. Rights presuppose the rule of law, where everyone in the society follows a code of conduct and behaviour for the good of all. It is the sense of duty and tolerance that gives meaning to rights. Rights have their basis in the ‘live and let live’ principle. For example, my right to speech and expression involves my duty to allow others to enjoy the same freedom of speech and expression. Rights and duties are inextricably interlinked and interdependent. A perfect balance is to be maintained between the two. Whenever there is an imbalance, there is chaos.

A sense of tolerance, propriety and adjustment is a must to enjoy rights and freedom. Human life sans basic freedom and rights is meaningless. Freedom is the most precious possession without which life would become intolerable, a mere abject and slavish existence. In this context, Milton’s famous and oft-quoted lines from his Paradise Lost come to mind: “To reign is worth ambition though in hell/Better to reign in hell, than serve in heaven.”

However, liberty cannot survive without its corresponding obligations and duties. An individual is a part of society in which he enjoys certain rights and freedom only because of the fulfilment of certain duties and obligations towards others. Thus, freedom is based on mutual respect’s rights. A fine balance must be maintained between the two, or there will be anarchy and bloodshed. Therefore, human rights can best be preserved and protected in a society steeped in morality, discipline and social order.

Violation of human rights is most common in totalitarian and despotic states. In the theocratic states, there is much persecution, and violation in the name of religion and the minorities suffer the most. Even in democracies, there is widespread violation and infringement of human rights and freedom. The women, children and the weaker sections of society are victims of these transgressions and violence.

The U.N. Commission on Human Rights’ main concern is to protect and promote human rights and freedom in the world’s nations. In its various sessions held from time to time in Geneva, it adopts various measures to encourage worldwide observations of these basic human rights and freedom. It calls on its member states to furnish information regarding measures that comply with the Universal Declaration of Human Rights whenever there is a complaint of a violation of these rights. In addition, it reviews human rights situations in various countries and initiates remedial measures when required.

The U.N. Commission was much concerned and dismayed at the apartheid being practised in South Africa till recently. The Secretary-General then declared, “The United Nations cannot tolerate apartheid. It is a legalised system of racial discrimination, violating the most basic human rights in South Africa. It contradicts the letter and spirit of the United Nations Charter. That is why over the last forty years, my predecessors and I have urged the Government of South Africa to dismantle it.”

Now, although apartheid is no longer practised in that country, other forms of apartheid are being blatantly practised worldwide. For example, sex apartheid is most rampant. Women are subject to abuse and exploitation. They are not treated equally and get less pay than their male counterparts for the same jobs. In employment, promotions, possession of property etc., they are most discriminated against. Similarly, the rights of children are not observed properly. They are forced to work hard in very dangerous situations, sexually assaulted and exploited, sold and bonded for labour.

The Commission found that religious persecution, torture, summary executions without judicial trials, intolerance, slavery-like practices, kidnapping, political disappearance, etc., are being practised even in the so-called advanced countries and societies. The continued acts of extreme violence, terrorism and extremism in various parts of the world like Pakistan, India, Iraq, Afghanistan, Israel, Somalia, Algeria, Lebanon, Chile, China, and Myanmar, etc., by the governments, terrorists, religious fundamentalists, and mafia outfits, etc., is a matter of grave concern for the entire human race.

Violation of freedom and rights by terrorist groups backed by states is one of the most difficult problems society faces. For example, Pakistan has been openly collaborating with various terrorist groups, indulging in extreme violence in India and other countries. In this regard the U.N. Human Rights Commission in Geneva adopted a significant resolution, which was co-sponsored by India, focusing on gross violation of human rights perpetrated by state-backed terrorist groups.

The resolution expressed its solidarity with the victims of terrorism and proposed that a U.N. Fund for victims of terrorism be established soon. The Indian delegation recalled that according to the Vienna Declaration, terrorism is nothing but the destruction of human rights. It shows total disregard for the lives of innocent men, women and children. The delegation further argued that terrorism cannot be treated as a mere crime because it is systematic and widespread in its killing of civilians.

Violation of human rights, whether by states, terrorists, separatist groups, armed fundamentalists or extremists, is condemnable. Regardless of the motivation, such acts should be condemned categorically in all forms and manifestations, wherever and by whomever they are committed, as acts of aggression aimed at destroying human rights, fundamental freedom and democracy. The Indian delegation also underlined concerns about the growing connection between terrorist groups and the consequent commission of serious crimes. These include rape, torture, arson, looting, murder, kidnappings, blasts, and extortion, etc.

Violation of human rights and freedom gives rise to alienation, dissatisfaction, frustration and acts of terrorism. Governments run by ambitious and self-seeking people often use repressive measures and find violence and terror an effective means of control. However, state terrorism, violence, and human freedom transgressions are very dangerous strategies. This has been the background of all revolutions in the world. Whenever there is systematic and widespread state persecution and violation of human rights, rebellion and revolution have taken place. The French, American, Russian and Chinese Revolutions are glowing examples of human history.

The first war of India’s Independence in 1857 resulted from long and systematic oppression of the Indian masses. The rapidly increasing discontent, frustration and alienation with British rule gave rise to strong national feelings and demand for political privileges and rights. Ultimately the Indian people, under the leadership of Mahatma Gandhi, made the British leave India, setting the country free and independent.

Human rights and freedom ought to be preserved at all costs. Their curtailment degrades human life. The political needs of a country may reshape Human rights, but they should not be completely distorted. Tyranny, regimentation, etc., are inimical of humanity and should be resisted effectively and united. The sanctity of human values, freedom and rights must be preserved and protected. Human Rights Commissions should be established in all countries to take care of human freedom and rights. In cases of violation of human rights, affected individuals should be properly compensated, and it should be ensured that these do not take place in future.

These commissions can become effective instruments in percolating the sensitivity to human rights down to the lowest levels of governments and administrations. The formation of the National Human Rights Commission in October 1993 in India is commendable and should be followed by other countries.

Also Read: Law Courses in India

Human rights are of utmost importance to seek basic equality and human dignity. Human rights ensure that the basic needs of every human are met. They protect vulnerable groups from discrimination and abuse, allow people to stand up for themselves, and follow any religion without fear and give them the freedom to express their thoughts freely. In addition, they grant people access to basic education and equal work opportunities. Thus implementing these rights is crucial to ensure freedom, peace and safety.

Human Rights Day is annually celebrated on the 10th of December.

Human Rights Day is celebrated to commemorate the Universal Declaration of Human Rights, adopted by the UNGA in 1948.

Some of the common Human Rights are the right to life and liberty, freedom of opinion and expression, freedom from slavery and torture and the right to work and education.

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8 Conclusion

• Published: August 2009
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This book has presented an analytical account of the idea of human rights as it exists within global practice, together with a description of the kind of justification that human rights, so conceived, should be capable of. It proposed a schema to identify and organize the considerations it seems reasonable to take into account in reflection about what ought to be the contents of the public doctrine. These are considerations that follow from a grasp of the general purpose and role of human rights within the global practice. They relate to the importance of the interests that might be protected, the advantage of protecting these interests by means of policies that might be adopted by states, and the character and weight of the reasons for action available to external agents in cases in which states fail to protect the interests in question.

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240 Human Rights Essay Topics & Examples

Whether you’re interested in exploring enduring issues, social justice, or democracy, see the ideas below. Along with human rights topics for essays and other papers, our experts have prepared writing tips for you.

• ✅ Tips for Writing Essays on Human Rights

🏆 Best Human Rights Topic Ideas & Essay Examples

🥇 most interesting human rights topics for essays, 🎓 simple & easy human rights essay topics, 💡 great human rights research topics, 🔎 interesting topics to write about human rights, ❓ essay questions on human rights.

If you’re starting a discussion on human rights, essay examples on the subject can really help you with argumentation. And if you’re assigned to come up with a research paper or speech on it, a good idea is a must for an excellent grade. Good thing you’ve found this list of human rights essay topics!

✅ 9 Tips for Writing Essays on Human Rights

The recognition of people’s rights through proper laws preserves human dignity. This broadness means that human rights essay topics range in scope drastically, requiring you to bring together different kinds of ideas in a single paper.

Thus, you may need to keep in mind particular tips, from structural advice to correct terminology, to write an excellent human rights essay.

Do your research before you start working on your outline. Searching for book and journal titles beforehand will not only help you understand your topic better but also help you structure your thoughts, affecting your structure for the better.

Compiling a bibliography early will also save you from the mess, which comes from ordering and standardizing your sources as you go.

After you have your reference page ready, draft a human rights essay outline.

Make it as detailed or as simple as you need, because what is essential is that you divide your topics evenly between your paragraphs or subheadings.

Doing so will ensure that you have a comprehensive essay that helps advance academic knowledge on a particular subject, rather than an overpowered paper aimed at a single problem.

Write your thesis statement as your final prewriting step. Excellent thesis examples should state the theme explicitly and leave your reader with an accurate understanding of what you are trying to achieve in your paper.

Skipping or ignoring this phase may leave your work disoriented and without a definite purpose.

Keep in mind your chosen human rights essay questions when writing. Going off theme will never get you good marks with your instructor.

If you are writing from a cultural relativism point of view, then do you have the word-count to argue about moral relativism? Do not forget that everything you write should advance your central thesis and never undermine it!

Get a good grasp on the relevant terminology. Confusing human nature with the human condition is never a good start to a paper that aspires to shed light on one subject or the other.

You can start writing down the terms that you find useful or intriguing during your research phase to help you gain a better understanding of their meaning.

Understand the correct time and place to qualify or refute certain statements. Arguing against the children’s right to basic needs may never be appropriate in an academic setting. Acknowledge the arguable cases, and subvert these to your benefit, as an essayist.

Interest your audience with essay hooks and exciting facts. Academia is not a dull place, and your readers may find themselves more willing to engage with your work if they find it enjoyable, rather than dry and formalistic. Doing so will also demonstrate your good grasp on the subject!

Remain respectful of your chosen case, and remember that you are writing about a subject that experiences hundreds of daily violations.

Recognizing the dangerous nature of your paper will not only help you separate beneficial facts from superficial ones but may also allow you to hone your academic integrity.

Read sample essays online to gain a better understanding of what essay mechanics will work and which you can leave unused. This extra reading may also give you good human rights essay ideas to begin writing your paper!

However, remember that plagiarism is a punishable offense, unlike the simple act of becoming inspired by others’ work. Want to see some samples? Head over to IvyPanda and jump-start your paper!

• Three Generations of Human Rights Development The current legal recognition of human rights attainment originated from various declarations and the most pronounced included the Magna Carta declaration in the thirteenth century that curtailed the royal powers, the American declaration of independence […]
• How Nike Sweatshops in Asia Violate Human Rights Factors that facilitated the emergence and development of Nike sweatshops included the availability of cheap labor, lower costs of production, lower wages, the restriction on the labor movements by the local authorities, and the poor […]
• Torture and Human Rights Violation The researcher notes that the government never provided a clear explanation of the events and their position on the possibility of resorting to torture.
• Basic Human Rights Violation The Human Rights Watch was formed in the year 1978 following the creation of the Helsinki Watch. The issue of terrorism has posed the greatest challenge in the operations of the Human Rights Watch.
• The Origin of the Human Rights Concept This point out to the fact that there were rights in the document that are common to different parts of the world and that they were not only obtained from the western nations’ practices of […]
• Human Rights and the United Nations Charter The most significant resemblance of the New Laws of The Indies and Human Rights Law of the United Nations is the obligation to consider human rights as the primary basis for establishing the local regulations.
• Social Media: A Force for Political and Human Rights Changes Worldwide In this essay, I will discuss the effectiveness of traditional media and social media, and how social media has a better participation in changing the world in terms of politics and human rights.
• Effects of War on Humanity in Terms of Human Rights The effects not only affect the coalition governments in war, but also members of the attacked countries for instance, Iraq people recorded the greatest number of fatalities and casualties during the Iraq war.
• The Universality of Human Rights In contrast to the other institutions that suggest a single form of the notion existing in the given society, the area of human rights allows to switch the shapes of the very notion of human […]
• Prisoners’ Human Rights Denial Human rights watch is required to create a standardized list of rights and guarantees that should affect both domestic and international institutions in order to ensure the application of basic human rights, such as the […]
• The Evolution of Human Rights: France vs. America The Age of Enlightenment made human rights one of the major concerns of the world community, which led to the American and French Revolutions the turning points in the struggle for justice.
• McDonald’s: Human Rights and Environmental Sustainability Core values of the company One of the core values of the company is the respect for the fundamental rights of human beings.
• How Corruption Violates Fundamental Human Rights of Citizens This essay seeks to establish how corruption leads to breach of fundamental human rights of citizens and determine which rights in particular are mostly risky due to corruption.
• The Case of Malala: Is Education a Basic Human Right? Additionally, understanding the social and cultural dimensions of gender inequality in education allows one to determine the policy issues that cause the problem and thus establish a mechanism for preventing its reoccurrence in the future.
• Current Human Rights Issues Social rights go hand in hand with human rights since most of them are defined in declarations and treaties of human rights.
• Human Rights History and Approaches Further development of the concept of human rights was reflected in the European Middle Ages, the eras of renaissance and enlightenment, and the idea of empowering all people, based on the concept of “natural law”.
• The Role of Non-state Actors in the Implementation and Monitoring of Human Rights Various human rights international and local organizations have come up with strategies that aid in the implementation of human rights laws and monitoring and evaluation of the standards.
• Immigrants and Human Rights In order to solve the problem of violation of the human rights of the immigrants, some recommended policies include: The detention of immigrants should be reviewed on a regular basis, and if a person is […]
• Impact of Human Rights on Society Democratic space is an indication of tolerance and consideration of the people on the part of the government, since it shows that the voice of the people has a preference over any single person.
• Compare Two Movies Related With Human Rights In the Name of the Father is a movie that portrays an innocent arrest of Gerry Colon and subsequent torture for him to confess the terrorist’s crimes he did not commit and enduring long legal […]
• Saddam Hussein Human Rights Abuse This paper focuses on the activities that took place under the authority of Saddam Hussein which led to the abuse of human rights.
• Shirin Ebadi’s Perspective on Women’s Human Rights Activism and Islam It is worth noting that Shirin Ebadi’s self-identity as an Iranian woman and a Muslim empowers her experience and perspective in women’s rights activism.
• “Women’s Rights Are Human Rights” by Hillary Clinton Hillary Clinton’s speech about women’s rights effectively convinces her audience that women rights are an indispensable part of human rights through the use of logical argument, repetition, historical facts, and emotional stories.
• Human Rights Violations in Today’s World This paper addresses questions regarding human rights, including the United Nations’ involvement in enforcing those rights violations and the role of non-governmental organizations in addressing the issue.
• Red Cross and Red Crescent Societies for Human Rights Established in 1919 as the International Federation of the Red Cross and Red Crescent Societies, the organization has been very instrumental in championing the improvement of human rights and the reduction of human suffering.
• Human Rights in the Movie Escape From Sobibor As a result of the escape, the Nazi Authorities were made to shutdown the camp and planted trees The Second World War was a period during which a lot of violations of the human rights […]
• Human Rights Violations by Police: Accountable in Discharging Their Duties Corey in his study and reflection on two mass exonerations, that is, the Rampart and Tulia exonerations, identified police misconduct, and in particular perjury as the primary cause for wrongful convictions.
• United States and UAE Human Rights Comparison The nation’s denial of freedom of expression and religion, as well as its discrimination against women and the punishment of same-sex intercourse with the death penalty, are among the most prominent issues.
• Human Rights, Education and Awareness But the progress is underway, and while there is still much to be done in terms of securing even the basic human rights, the strategies and the general principles of achieving equality can be outlined.
• The concept of Human Rights Many of the fundamental initiatives, which animated the human rights movement, emerged in the after effects of the World War II and the mayhem of the Holocaust, leading to the legitimation of the Universal Declaration […]
• International Human Rights Law The civil and political rights preceded the origins of the economic, social, and cultural rights, and thus they are deemed as second-generation rights.
• R. Lemkin and E. Roosevelt as Human Rights Activists He devoted all his time and energy to trying to persuade the new delegates of the United Nations of the importance of the fight against genocide.
• Domestic Legal Traditions vs. Human Rights: A Global Perspective It is the obligation of every state to adhere to the human rights standard. One of the greatest similarities is that most of the countries have almost the same laws.
• Economics and Human Rights: Intersecting Theories Theories allied to the two disciplines play a critical role in explaining development because human rights theories give economists an opportunity to employ legal and political concepts in the process of drafting policies aimed at […]
• Thomas Jefferson as a Defender of Human Rights In conclusion, Thomas Jefferson was a steadfast defender of human rights, but most importantly, he fought for the rights of black people.
• Strategic Planning: Human Rights Watch The company’s competitive position represents the largest coverage of countries in various areas: monitoring military conflicts, protecting access to medicine, addressing and the rights of vulnerable segments of the population.
• Human Rights and Justice Sector: Article Review The central problem is the complex of new African American control institutions made up of the carceral system and the ruins of the dark ghetto.
• The Native Human Rights: Intergenerational Trauma Following are some strategies for addressing Indian citizens’ unique status, ways in which the fundamental right of Indians adheres, the practice of civil rights, the right to ownership of water, the right to be allowed […]
• Human Rights Reforms in the Arab World In modern history, the theme of human rights reformations in the Arab World has been influenced by the French and America Revolutions.
• Freedom of Speech as a Basic Human Right Restricting or penalizing freedom of expression is thus a negative issue because it confines the population of truth, as well as rationality, questioning, and the ability of people to think independently and express their thoughts.
• Violation of Human Rights: Tuskegee Syphilis Study The authors of the study and the authorities tried to justify human rights violations by saying that they were analyzing the effects of fully developing syphilis on Black males.
• Human Rights Violation in US Sports Despite the advancement in human rights in the most significant part of society, sports in various parts of the globe continue to cultivate actions of human rights violation.
• The Natural Human Right to Life: A Case Analysis One of such laws is the right to life, which an unknown shooter violated in a train carriage. The principle of justice is also violated since the identity of the murderer has not yet been […]
• Cultural Heritage and Human Rights in France For example, the imagination of the inhabitants of this region manifested itself vividly in many ways during the development and construction of the famous Notre Dame Cathedral.
• Retirement Options: Putting Human Rights to Work The employers consider terminating the old employees for their personal safety and the company’s economic stability. Therefore, public awareness stimulates action against discrimination and allows the employees to support the older people at work.
• Environmental, Social, and Governance Relating to Human Rights It is impossible to ignore the fact that the ESG trend can significantly affect the sphere of human rights in the energy sector.
• Biomedical Research Ethics and Human Rights This paper aims to discuss the impact of the history of research ethics on modern approaches and the protection of the rights of human subjects.
• The Absolute Human Right Not to Be Tortured The case against the prohibition of absoluteness contrary to torment and associated types of cruelty in universal law queries the ethical and legal conventions that form the foundation of the event of terrorism.
• Human Rights Issues: Hurricane Katrina in New Orleans Hurricane Katrina is considered one of the worst calamities in the history of the United States. The law of the United States gives the government the responsibility to protect the lives of its citizens.
• Rhetoric and Reality of Human Rights Protection For example, the prohibition of homosexuality in many countries of Africa and the Middle East, the restriction of China and Russia’s citizen’s freedoms, and the dictatorship of Africa and Latin America.
• Why Do Good? Human Rights Violations in Afghanistan To be more specific, this is because the main essence of Bentham’s philosophical standpoint is that only those actions which bring happiness and pleasure to others are morally right.
• Understanding Human Rights in Australia Needless to say, the key objective of this Act has been to improve the standards of legislation processes in the region.
• Understanding of Human Rights This provides us with a clue, as to what should account for the line of legal reasoning, regarding the illegality of the ‘burqa ban’, on the part of French Muslims in the European Court of […]
• Standing Rock Sioux Tribe Protest as a Violation of Human Rights Standing Rock claims that the pipeline would damage the sacred sites of their ancestors and is potentially harmful to the local environment and the economic situation of the tribe.
• Bridging the Line Between a Human Right and a Worker’s Choice Workers’ rights, in that sense, constitute one of the most important aspects of the human rights issue because many workers are willing to face peril if the market is able to pay a sufficient price.
• “Universal” Human Rights Agreement: Is It Possible? They can be defined as the freedoms and rights that all people in the world are endowed with from birth to death.
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• Social Media and Human Rights Memorandum Considering a recent scandal with Facebook’s failure to protect people’s data in the Cambridge Analytica breach, it is feasible to dwell on the topic of human rights protection within the Internet.
• Definition of Human Rights Human rights are freedoms established by custom or international agreement that impose standards of conduct on all nations.
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• Reaction Paper about Treaty Bodies of Human Rights 2020 Therefore, it is important to evaluate the prospects of budget issues due to COVID-19, communication challenges due to reduced human contacts and pandemic concerns affecting human right defense as well as the general secretary’s rejection […]
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• Public International Law of Human Rights The present paper examines three important decisions issued by the International Court of Justice and the European Court of Human Rights in the field of state responsibility, human rights, and rights and duties of international […]
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• Will the Development of Artificial Intelligence Endanger Global Human Rights? The contradiction between the advantages of AI and the limitation of human rights manifests in the field of personal privacy to a larger extent.
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• Universal Human Rights on The Case of MV Tampa On the other hand, the country was enforcing its own right to protect the citizens from the perceived danger a justified precaution in light of numerous cases of illegal immigration and terrorist attacks.
• Human Rights Obligations of Multinational Corporations The argument of whether it is valid to impose obligations on violation of human rights on MNCs calls to reason the minimum caliber MNCs should maintain in their obligations towards human rights.
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• Tortures as the Form of Human Rights Abuse The law of the country must allow persons tortured in any form to be permitted to make an official complaint and investigation to be started on the credibility of the person.
• Human Rights and Global Democracy by Michael Goodhart Considering that the current human rights bodies focus mostly on rights of individuals, there is needs for translating the rights in a global context.
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• Cultural Values vs. the UN Declaration of Human Rights With the rise in diversity and the focus on the cross-cultural dialogue, the importance of acknowledging cultural values has risen.
• United States Role in Support of Universal Human Rights The first thing is to put an end to extrajudicial killings and detentions which will be in a bid to end intrusion to the freedom and the right to truth and justice.
• Universal Jurisdiction for Human Rights One of the most prominent roles in this process was played by the implementation of the Universal Declaration of Human Rights by the UN, by the development of the national and intercultural awareness of various […]
• Human Rights: Humanitarian Intervention Some of these are the right to liberty, the right to life, the right of the freedom to think and express oneself, and finally the right to receive equal handling as regards issues relating to […]
• A “Human Rights” Approach to Imprisonment In Europe human rights in prisons are overseen by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
• Social Factors in the US History: Respect for Human Rights, Racial Equality, and Religious Freedom The very first years of the existence of the country were marked by the initiatives of people to provide as much freedom in all aspects of social life as possible.
• South Africa: Human Rights in the Constitution The Bill of Rights serves as the foundation upon which the democratic character of the Republic of South Africa is built.
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• Human Rights: Development, Commission, Listening, Monitoring The final draft of the Declaration was handed to the Commission being held in Geneva, therefore, the draft declaration that was sent to all UN member states for commentary is known as the Geneva draft.
• Human Rights in China, Tibet and Dafur In spite of the progress, achieved in the process of regulating the situation, and the ongoing process of peaceful settlement, the atmosphere of intensity is preserved in the country, and scale military attacks on innocent […]
• The Universal Declaration of Human Rights The Universal Declaration of Human Rights should be analyzed within the context of the political, cultural, and religious situation, emerging in the middle of the twentieth century.
• Vehicle Impoundment “HOON” Laws Are an Infringement of People’s Human Rights The other dimension presents the argument that the laws are meant for the well being of the pepole articulating that the legislation is in fact designed for the protection of the civil rights of the […]
• Global Human Rights: The European Court of Human Rights The European Convention on Human Rights, or officially called Convention for the Protection of Human Rights and Fundamental Freedoms became one of the most significant documents accepted by the Council of Europe.
• Human Rights and International Business The article deals with the crisis in Burma and the role of India and China in this crisis. Even though it might appear that the major theme of discussion is international politics, from the first […]
• Human Rights Violation in Kosovo The paper has discussed the massive violation of Human Rights in Kosovo, The International Community’s reaction and actions to the Kosovo crisis, and i have given my suggestions to the community on regard to Kosovo […]
• How Has Globalization Impacted on Issues of Human Rights? William Adler closely examines the disrupted lives of the three women who occupy an assembly-line job as the job and its company moves from New Jersey to rural Mississippi and to Matamoros, Mexico, across the […]
• Protecting America: Security and Human Rights 2007) After the 9/11 bombings of the World Trade Center, the US government under President Bush executed and implemented a series of actions that catapulted the country to a period of war.
• Basic Technology and Human Rights If some people are able to enjoy the facilities being introduced as a result of technological improvisations, and it reaches to a chosen few, with no chance in sight of reaching out to large number […]
• Refugee Women and Their Human Rights According to the researches have been made by UNHCR, 1998, found that 80% of the refugees immigrating to the United States and other countries of second asylum are women or children.
• Human Systems. Technology as a Human Right Since most of the world bodies continue to use the basic technology to communicate with the world e.g.about health and safety, access to these amodern’ basic technology should be regarded as a human right and […]
• Human Rights: Fredin v. Sweden Legal Case In this situation, the court considered a case that affected the protection of nature and the human right to own property and sentenced in favor of the state.
• Human Rights and Security in Post-Soviet Russia The collapse of the Soviet Union marked the end of the Cold War and the polarization of the world. On the one hand, the collapse of the Soviet Union led to the rapid acceleration of […]
• Global and Regional Human Rights Institutions Overall, the topic of human rights and their protection through economic sanctions and other strategies requires additional attention from the states and international institutions.
• Prisoners’ Basic Human Rights and Their Violation In the report, McKelvie et al.highlight the important contradictions behind the blanket ban, namely the lack of understanding behind the purpose of the prison, the influence of the media and the public press, as well […]
• Human Rights of Migrants by Francois Crepeau The report by Francois Crepeau addresses the deaths of migrants in the central Mediterranean Sea and evaluates the European Union border control analysis, migration policy, and the application of values and human rights in the […]
• The U.S. and the UAE Human Rights Comparison A detailed analysis of the two nations can reveal significant and noteworthy differences between the overall attitudes of the U.S.and UAE.
• Monsanto: Profits, Laws, and Human Rights Although the majority of multinational giants have affirmed their conviction in upholding the letter of the law and professional ethics, in practice, a good portion of them has issues with either the ethical or the […]
• Malala Yousafzai – Pakistani Human Rights Activist The world learned about the girl after a gunman burst into a school bus and shot the girl in the head, thereby avenging her criticism of the Taliban and neglecting the prohibition to attend school.
• Human Rights and Laws on the International Level Zewei provides a characterization of the Tributary System and the concept of the Celestial Order of China, the impact of international law on China’s Confucianism worldview, and the process of integration of international law into […]
• Human Rights and Dignity: Non-Western Conceptions It has been accepted that human rights are the notion which was developed in the West, however, some scientists tried to contradict this idea presenting the arguments that many nations battled for human rights many […]
• Human Rights Issues During the Holiday Season Should we stick to the habitual “Merry Christmas” and stay loyal to the traditions of the majority or embrace a more neutral “Happy Holidays” and show respect to the cultural diversity?
• Universal Human Rights in Theory and Practice It is essential to highlight the contributions of Ghonim because he was one of the first to leverage the use of social media.
• Human Rights Poster Design and Analysis First, I realised that placing the title or theme of the poster at a strategic point goes a long way to draw the attention of the target audience.
• Human Rights of Poor in Developing Countries Their interactions with those in authority and the decision makers in the society have been marred with many obstacles and denied the rights to freedom of speech and expression that is being enjoyed by the […]
• Communication as a Human Right and Its Violations According to the international laws, every person has a range of rights which should be met in the society completely, and the right to communicate is one of the most significant ways for a person […]
• Human Rights and Relations in Education and Career The information is located on the left and above and is easy to navigate. This is useful to the employees as it makes them aware of the key needs to the job and the benefits.
• China’s Land Grabs and Human Rights Violation What interested you about the article and how is the content of the article related to aspects of global citizenship? Upon reading the news article from Amnesty International’s website about Chinese officials’ land grabbing […]
• The Human Rights and Its Basic Principles There is a perspective that the initiation of the given process can be justified by the need to protect citizens and the state.
• Human Rights in Naturalistic and Political Conceptions Conferring to one venerable explanation, the Naturalistic Conception of Human rights, human rights are the privileges and rights that we enjoy by the mere fact that we are humans.
• Chile’s Human Rights Violations in 1973-90 After the death of the president, the military took office and a state of civil unrest engulfed the country. Human rights violations experienced in Chile have been highlighted and the actions are taken to address […]
• Islamic Culture, Its History and Human Rights The Christian and Jewish cultures gradually reshaped the Arabian Peninsula; people of Arabia became more accustomed to the concept of Abrahamic religion, while paganism was on the decline. Various forms of arts flourished in the […]
• Theocratic Government’s Census and Human Rights The primary idea of the paper is to disclose moral opacities of the issue, conduct stakeholder impact analysis, and speculate on the collision of values of the theocratic governments and people.
• History of the Universal Declaration of Human Rights Things did not look too bright at the time: the condition of Japan after Hiroshima and Nagasaki bombings; the divided Koreas; the beginning of the cold war between the Soviet Union and the U.
• Equality, Diversity and Human Rights in Healthcare Equity can be achieved in a health system that acknowledges the diversity of the population respecting the expectations and needs of the patients, the staff and the services as a whole.
• Syrian Crisis and Human Rights Instruments However, the increase in the number of migrants triggers a range of concerns for the states that they choose as the target location.
• Culture and Religion in Human Rights Universality Fagan asserts that a commitment to the universal legitimacy of human rights is not consistent with the dedication to the principle of respecting cultural diversity.
• Consequentialism and Human Rights Ethics is a moral code that governs the behavior or conduct of an activity.”Ethics is thus said to be the science of conduct”.
• Ethical Reasoning Theories and Human Rights Utilitarianism involves the assessment of the consequences of any action taken by the business since it involves a common good for the majority.
• Human Rights and Resistance of South Asia To get an in-depth understanding of the question and discuss it appropriately, we will refer to the status of women in South Asia where women’s rights are still discriminated in the light of social and […]
• The Issues of Human Rights The scope of this review starts from the history of Labour Human Rights and examines how various authors have presented their case studies regarding the effectiveness or lack of it of the policies that govern […]
• International Justice for Human Rights Violation In order to understand the status of these amendments, it is important to appreciate the relevance of the definition given in reference to acts and the crime of aggression.
• Human Rights and Climate Change Policy-Making Advocates of the inclusion of human rights feel that there is an important link between climate impacts and human rights and as such, integrating the two would promote the formulation of the best policies. Specifically, […]
• Just War in Human Rights Perspective When a war is about to begin, people, who start the war, have to understand the role of human rights in the process of making decisions and clearly identify the peculiarities of the just war.
• The Human Right to Privacy: Microsoft and the NSA Microsoft had started to collaborate with the NSA to help it to offer services to its customers, but as they progressed, the NSA began to access all the programs of the Microsoft that made private […]
• Child Labor Issue According to the Human Rights The International Labor Organization defines child labor as “work that deprives children of their childhood, their potential, and their dignity, and that is harmful to physical and mental development”1 Being a United Nations agency, ILO […]
• Human Rights Abuses and Death Penalty in the UAE There are many explanations of why a number of Arab people remain to be vulnerable to abuses and violations of human rights. Besides, many people are still challenged by the inability to participate in the […]
• Human Rights and Legal Framework in Poor Countries In this article, Benton traces the origin of international order to the 17th century. Moreover, Benton claims that the two approaches have been utilized to explain effect of imperial administration on trends in international law.
• Women’s Fight for Equal Human Rights According to the readings assigned, the term feminist could be used to refer to people who fought for the rights of women.
• Immigrants’ Human Rights in America: The Issue of Immigration as Old as the Country In order to make the constitution a living document, America should introduce effective measures in ensuring that the rights of all immigrants are fully recognized, secured and protected.
• The Human Right to Water: History, Meaning and Controversy The utilitarianism theory of ethics relates to the welfare rights and the libertarianism theory of ethics relates to the liberty rights.
• The Evolution of Human Rights in Canada In addition, the movements aided the treaties to champion for the acquisition of rights of associations and political developments among the indigenous communities living in Canada.
• Human Rights and Their Role in Public Opinion Making The quest for human rights create a mental picture that draws the audience’s assumed knowledge of the need to end the restrictions of human beings in their endeavor to reach out to greatness in life.
• Human Rights and Intervention in Public Opinion Making According to Bloomer, human rights demonstrate the public ideas that are used in the media and politics to ensure that they reflect the true meaning of the intended actions.
• Gender Studies: Queer Politics and Human Rights As earlier stated, the idea of queer politics came about to confront injustice and to ensure that the rights of the minority groups in the society are respected.
• Human Rights Issues in the Bahrain Members of the Sunni minority are the rulers of the monarchy; the present king is Hamad bin Isa Al Khalifa, and he has held the office since 1999.
• Conflict Over Human Rights The following discussion is a description concerning the conflicts between Iran and the United States in the promotion of human rights some violations of human rights by Iran, such as abuse of the captives.
• Human Rights in Relation to Catholic Theology The church declared the acts of slavery as infamy and conjured to discourage slavery since it was dishonored God and destroyed the lived of many people.
• The Ontario Human Rights Commission Application forms for job seekers and the process of interviewing applicants are usually subjected to all the mentioned elements of prejudice and discrimination.
• Torture and Human Rights However, the full state of affairs in Abu Ghraib prison came to the knowledge of the public when a report by the military into the first pictures leaked to an online magazine.
• Why Migration Cannot Be a Basic Human Right but Always Been a Part of Human Culture The United Nations has acknowledged the individual right of movement with Article 13-2 of the Universal Declaration of Human Rights stating, “Everyone has the right to leave any country, including his own, and to return […]
• Human Rights Violations in Chile In order to confront past abuses and human rights violations, both civilian collaborators and the past military officers who took part in the violations have been taken through the prosecution process owing to the torture […]
• Human Rights in 21st Century: China Although there have been cases of human rights violations in China, recent events and efforts depict the country as working towards promoting individual rights.
• Faith, Justice, War – and Human Rights in the Realm of the Present-Day World Quran: The Most Ancient and Sacred Islamic Book as the Basis for the Laws on Human Rights Considering the Issue from a Different Perspective: The Fifteen Postulates Security of life and property: bi-al haqq and […]
• Ethical Relativism in Human Rights To support this point of view, the nature of human society, the standardization of human rights and the progress of human rights will be analyzed.
• Human Rights and NGOs In the world today, there are numerous international human rights treaties which stipulate the obligations of states, and the rights of the citizens in these states and beyond2.
• Human Rights Issues in Guantanamo Bay It is expressed in the article that although the detainees are international criminals, the move by the US to detain them at the Guantanamo Bay is an abuse of international laws on the human rights.
• The Human Rights Violation in the Republic of Korea The human rights situation under President Kim Jong-Un in the Democratic People’s Republic of Korea has remained dire due to the government’s unwillingness to yield to the recommendations by the United Nations Human Rights Council’s […]
• Gender and Human Rights The concept of a Human of Rights introduced by Foucault in 1950s, and also referred to as humanity is traditionally defined as a “floating signifier” and is related directly to the idea of human rights.
• The Politics of International Human Rights Law To uphold the reliability of the country’s immigration programs, the policy requires three categories of immigrants to be subjected to compulsory incarceration.
• Universal Declaration of Human Rights
• Turkey, Media and Human Rights
• Paul Farmer about the Human Rights
• “Feminism, Peace, Human Rights and Human Security” by Charlotte Bunch
• Impacts of the ‘War on Terror’ on Human Rights
• The Objectives of Women in the International Community
• Human Rights Violations in Turkey
• Human Rights of People With Intellectual Disabilities
• The Effect of Terrorism on Human Rights: The Clash Between the Human Rights Advocates and Victims of Terrorism
• The European Human Rights System
• Human Rights Interventions
• Fighting for Human Rights: Somalia Humanitarian Crisis
• Human Rights and Social Transformation
• The UN Human Rights System
• The European System of Human Rights
• What Are Human Rights?
• Human Rights: Universalism, Marxism, Communitarianism
• Environmental Groups’ and Human Rights Organization Strategies
• Human Rights in History Teaching
• The Challenge of Human Rights and Cultural Diversity
• Is Universal Healthcare a Human Right?
• Confucianism and its Effects on Human Rights Development
• Debate Between John Stuart Mill and Immanuel Kant Theories on the Sources of Human Rights
• United Nations Human Rights Council
• Critique of the U.S & the U.N Universal Declaration of Human Rights
• Definition of Human Rights and Trafficking
• Challenges for Universal Human Rights
• Human Rights in Asia
• Human rights and freedoms
• The human rights in the USA and around the world
• International Law & Protection of Human Rights: Syria and Libya
• On What Grounds is the Idea of Universal Human Rights Challenged?
• Human Rights Non-Governmental Organizations and the United Nations
• Freedom from Poverty as a Human Right and the UN Declaration of Human Rights
• Advancement of Human Rights from 1865 to Present
• Disabled Babies Have Human Rights Which We Must Let Them Enjoy
• The Impact of Human Right on Globalization
• Concerning the Human Rights of Immigrants: Policies, Approaches and Stereotypes
• Protection of Human Rights of Immigrants
• What is the UN Human Rights Council?
• The Taliban and Human Rights
• New “Act on Democracy and Human Rights in Belarus” Passed by the US Congress
• Human Rights in Serial ‘The Handmaid’s Tale’
• Through the Prism of Culture: Human Rights as They Are
• Global Community and Human Rights
• Human Rights: Analysis of Ludlow Massacre and the “Valour and the Horror”
• Ang Lee’s Attempts to Develop an Idea of Human Rights in Hulk, Brokeback Mountain, and Sense and Sensibility
• The Cold War: Global Prosperity and Human Rights
• Human Rights in Catholic Teachings
• Abusing Human Rights: Violence Against Women
• What if Environmental Rights Are More Important Than Human Rights?
• How Did the Development of Human Rights Affect the Caste System in India?
• Should Men and Women Have Equal Human Rights?
• How Are Human Rights Observed During Early Childhood?
• What Are the Barriers to Human Rights Being Recognized as Truly Universal in Application?
• How Does Criminal Justice in the United Kingdom Respect Human Rights?
• What Is the Role of the National Human Rights Commission?
• How Are Human Rights Abused in India?
• What Is the Relationship Between Human Rights and State Sovereignty?
• How Are Human Rights Observed in Islamic Countries?
• What Are Human Rights and From Where Do They Originate?
• How Were Human Rights Violated During the French Revolution?
• How Human Rights Affect Administrative Law?
• What Human Rights Dilemmas Do Social Workers Face?
• How Does Political Corruption Violate Human Rights?
• Who Practices Rights-based Development?
• When Religious Beliefs Overpower Human Rights?
• Why Does China Have Such a Poor Record of Human Rights?
• How Does Human Rights Affect Multi-national Companies on Their Marketing Strategies?
• What Is the History of the Spread of Human Rights in the World and the Obstacles in Its Way?
• What Are the Human Rights for Persons With Mental Disorders?
• How Are Human Rights Abused in the Absence of Oversight?
• What Is the Economic Impact on Human Rights in China?
• Why Have Many Human Rights Issues Remained Unaddressed?
• What Are the Concepts and Meaning of Human Rights in Society?
• What Effect Has the Human Rights Act 1998 Had on UK Law?
• How Do Self-determination Issues Affect Human Rights?
• Impact of Economic Liberalization on Human Rights?
• How Does Global Politics Affect Human Rights?
• Should Nature Have Constitutionally Protected Rights Equal to Human Rights?
• Chicago (A-D)
• Chicago (N-B)

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Human Rights Research Paper

This sample human rights research paper features: 8300 words (approx. 27 pages), an outline, and a bibliography with 34 sources. Browse other research paper examples and check the list of political science  research paper topics for more inspiration. If you need a research paper written according to all the academic standards, you can always turn to our experienced writers for help. This is how your paper can get an A! Also, chech our custom research proposal writing service for professional assistance. We offer high-quality assignments for reasonable rates.

Introduction

Concepts of human rights, relationship between human rights and dignity, concepts of dignity, values of human rights and dignity, history of human rights, history of human dignity, contemporary concepts of human rights, contemporary concepts of dignity, animal rights versus human rights, human dignity versus transhuman and posthuman dignity.

• Bibliography

Human rights and dignity are central normative notions of contemporary politics as well as political and ethical theories. However, they have not had this role for a long period of time, as the main development of these concepts began only during the Age of Enlightenment. During the previous 60 years, their influence can be said to be of global importance. On December 10, 1948, the Universal Declaration of Human Rights was adopted and proclaimed by the General Assembly of the United Nations. Yet, there are traces of both notions in ancient and medieval thought, and this research paper will trace their roots and historical development and make inferences concerning potential future challenges concerning them.

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Article I of the United Nations Universal Declaration of Human Rights states, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

Human rights are subjective rights of individual human beings. Subjective rights are different from objective rights. Objective rights refer to the completeness of regulations within a legal system. Objective rights grant subjective ones. Subjective rights imply that individual human beings have the authority to do certain things within the system. The concept of human rights implies that all human beings, because of their being human, have certain rights and freedoms that are universal, inalienable, and indivisible. According to a stricter sense of the concept of human rights, they can be contrasted with civil rights. Civil rights are held by all citizens of a state and include rights that are not human rights, like the right to vote. Human rights are held by all human beings. However, civil rights are included in the United Nations’ Universal Declaration of Human Rights.

According to the Czech jurist Karel Vasak (as he originally proposed in 1979), there are three generations of human rights. The first generation deals with liberty, and the rights in this generation are particularly civil in nature. Human rights in the second generation are related to equality, and their nature is primarily social, whereas the third generation rights go beyond the civil and the social and are mostly expressed in soft law declarations of international law. Libertarians are usually skeptical concerning human rights of the second and third generation, as they presume that these rights contain concealed paternalistic political goals.

The term human rights came into existence at the beginning of the 19th century. However, as mentioned above, it was not until 1948 that human rights were generally proclaimed, by what was then a newly formed United Nations. The declaration was primarily motivated by the cruelties of World War II. Article I of this declaration states a close connection between the concept of dignity and that of rights. As a result of this declaration, both concepts, that of human rights and that of human dignity, became highly significant for many countries’ constitutions and the post-1945 world.

Both rights and dignity can be justified naturally or solely legally. Natural rights are valid at all times in all places. Solely legal rights are grounded in an actually existing legal system founded by decisions made by human beings. To enforce natural human rights, they also need to be integrated into a legal system, but they are regarded as valid even if they have not been acknowledged by anyone.

Analogously, one can talk about necessary and contingent human dignity. Necessary dignity is a quality that belongs to all human beings at all times and in all places, whereas contingent human dignity is dependent upon an institution that declares that human beings are bearers of dignity. The concepts of right and dignity imply a normative aspect. The concept of dignity often has also an ontological aspect, whereas the concept of right can, but does not have to have, an ontological aspect.

In the above case of the United Nations Declaration, both concepts have an ontological aspect, as Article I states that all human beings who are the bearers of dignity and rights “are endowed with reason and conscience.” Hence, the normative aspect of both concepts is based upon an ontological one. However, the relationship between the two concepts in question can be different than that shown in the last example; for example, in the case of the German basic law, some experts claim that the concept of human dignity is the foundation for all human rights. In this case, it can be seen that only the concept of human dignity has an ontological and normative aspect, whereas that of a human right merely includes normative implications.

The concept of dignity must not be mixed up with the word dignity. The word implies several concepts that can be divided into a sense and a reference. Dignity is a quality that a bearer can have necessarily or contingently. To distinguish between these two types of dignity, it would be best always to clarify which type one is referring to. For pragmatic reasons, the author will use the expressions necessary dignity and contingent dignity from now on.

Necessary dignity can either be inherent or dependent. Given that human beings necessarily have free will, and free will is the foundation for dignity, it is the case that all human beings have necessary, inherent human dignity. If it were the case that God attributed dignity to all human beings necessarily, then all human beings would have necessary, dependent dignity. However, both instances would be examples of necessary dignity.

Contingent dignity can also be connected to various qualities. Given that human beings reciprocally attribute dignity to one another, then we would have contingent, dependent dignity. If human beings, on the other hand, were bearers of dignity, because they have the quality to make logical inferences, and this capacity is a bodily capacity, then human beings would have contingent, inherent dignity, as the capacity here is not a necessary one. Both examples represent types of contingent dignity.

The terms necessary dignity and contingent dignity can be specified further. They can imply equality or inequality concerning the bearers of dignity. In our context, only the concept of dignity that implies equality among its bearers is relevant. This does not mean that the other concept is socially unimportant; for example, bishops and judges have dignity; however, their dignity is a hierarchical one that is irrelevant here.

The concept of dignity that is relevant here is a nongradual one that implies equality among its bearers and is connected to six characteristic features:

• Dignity cannot exist independently, but is always connected to a bearing entity.
• A bearer has the quality dignity if he possesses a nongradual quality X, wherein dignity is founded.
• The relationship between the bearers of dignity is that of equality; that is, all bearers of dignity have a nongradual quality X, because of which their relationship can be specified as descriptive equality.
• The descriptive equality of the bearers implies a normative one, whereby the norm is related to an ideal of the good and not to that of an evil; for example, dignity is only given if all its bearers are supposed to be treated equally well and not if they are supposed to be treated equally badly.
• Bearers of dignity have a special status within the world; that is, they are categorically different from all other beings in the world and have a quality that cannot be verified empirically.
• The concept of dignity will be named “dignity” or named with an equivalent word in a foreign language. (If this trait was not included, then the concept of dignity would refer to too many concepts; for example, most concepts of rights would then also count as concepts of dignity, which would be a questionable position.)

Each entity to which the six features just stated apply is a bearer of the quality dignity. Hence, the reference of the concept dignity is dependent upon the meaning. However, thereby we have not yet clarified the concept of human dignity, but only that of dignity. The concept human dignity is the result of the intersection of the set of references of the concepts of dignity and of being human. A being belongs to the set of bearers of dignity if it is the case that he has all the features demanded of a bearer of dignity. A being belongs to the set of human entities if it belongs to the human species, that is, if it potentially belongs to the human reproductive community. It is important to distinguish between human beings and human entities. Both human beings and human entities belong to the human species. However, it does not have to be the case that all human entities are human beings. It is clear that a fertilized egg belongs to the human species, but it is unclear whether a fertilized egg can be called a human being. However, it clearly is a human entity, as it belongs to the human species. There are five possibilities of how the set of bearers of dignity and that of human entities can intersect:

• The set of human entities can be a subset of that of the bearers of dignity. In this case, someone who is a human entity necessarily is a bearer of dignity. However, it is not the case that all bearers of dignity are human entities. Here, it is the case that someone who belongs to the human species also has to bear dignity, as it would be according to Kant, if we read him as follows: The ability to have reason is actual within the human soul, which is unified with the human body from the moment egg and sperm get together. Dignity here is founded in a feature that can necessarily be found in all human entities. According to Kant, the actual ability for reason can be found in all human beings. However, not all human beings can express this ability, as the capacity to express it is connected to a bodily capacity that one needs to develop.
• The sets of the bearers of dignity and that of human entities can be identical. If someone is a human entity, then he is a bearer of dignity. Each bearer of dignity necessarily is a human being. In this case, the quality on which dignity is founded is a quality that is being held only by human beings. As here the identity of the set human entities and that of bearers of dignity is a given, it is also the case that the quality on which dignity is founded is the same as the one on which it depends whether one belongs to the human species.
• The sets of bearers of dignity and that of human entities can overlap. There are human entities that are bearers of dignity, and there are human entities that are not bearers of dignity in the same way as there are bearers of dignity that are human entities, and there are bearers of dignity that are not human entities. In this case, dignity is founded upon a quality that some but not all human entities have, and that some but not all nonhuman entities have. One can read Kant in such a way that his concept of dignity belongs to this group, but only if one assumes that actual reason is not a capacity of the soul but is only present when someone can speak. There are human entities that can talk and who therefore also have dignity. However, there are other human entities that are currently unable to talk and who henceforth do not have dignity. It cannot be excluded, and Kant definitely does not exclude the possibility that there are nonhuman beings that have reason together with this dignity.
• The set of the bearers of dignity can be a subset of human entities. All bearers of dignity are necessarily human entities. However, there are human entities that are not bearers of dignity. A position which claims that, for a human entity to have dignity, the human needs to be born would be one that belongs to this group. It can be the case that, as in this case, the feature on which dignity is founded is also the feature that turns a human entity into a human being.
• The set of bearers of human dignity and that of human entities do not overlap. The fifth and last option is not relevant for us, as with it we do not have bearers of human dignity.

Both human dignity and human rights are the foundation of many constitutions and can be found at a prominent place in the charter of the United Nations. There is no moral dilemma or moral challenge for which these concepts are irrelevant. As an example, for the relevance of human dignity, one is referred to a discussion in the field of medical ethics.

The notion of human dignity is a complex one that is not being used in a unified manner. In addition, it is often abused in order to stop an argument or to claim that the opposite opinion can only be held by a scoundrel or a protofascist. Hence, it is important always to reference facts and to clarify the concepts one deals with. In the field of medical ethics, arguments that deal with the beginning of human life are of particular importance. From which moment on can one claim that a human entity has human dignity or the right to live?

• From the moment of fertilization
• From the moment of fusion of the precells
• From the moment at which the nidation in the uterus takes place
• From 14 days after the fusion, as from that moment on, it is impossible that twins can come about (conjoined twins can still come into existence, however)
• From the moment at which the embryo becomes a fetus (i.e., after 3 months, when the developmental process of all organs is finished)
• From the moment of birth

It depends upon a governmental decision which of these various stages is regarded as decisive for a human being to have dignity or the right to live. Legal regulations concerning stem cell research, preimplantation genetic diagnosis (PGD), and abortion are based upon this decision. A particularly striking example can be given in the case of PGD. In contrast to the UK, PGD is forbidden in Germany. One reason for it being forbidden is that in the process of PGD, one or two totipotent cells are taken away from the fertilized cells and genetically analyzed, and they are destroyed in this process. As it is possible for a totipotent cell to develop into an independent human being, some regard totipotent cells as bearers of dignity, which therefore must not be destroyed.

Even though human rights, as we understand them today, were established only fairly recently, one can trace aspects of the concept back to antiquity. In ancient Athens, in the 6th century BCE, many government posts were given away by drawing lots, and thereby, any citizen could acquire the office in question. However, women or slaves did not have the right of citizenship. An important step in the development of human rights was the upcoming of Stoic philosophy and its concept of the humanitas, which implied that all humans, because of their being human, ought to be considered ethically. Yet, this duty was a lower-rank duty.

The proper beginning of the concept of human rights goes along with the beginning of the Age of Enlightenment. In the following paragraphs, the focus will be on the concepts of the most influential philosophers of rights: Thomas Hobbes, John Locke, Jean Jacques Rousseau, and Immanuel Kant.

The first philosopher who was significant for the development of the concept of human rights was Hobbes. Fundamental to his understanding of rights is the fictional state of nature he presents, in which there is a war of all against all, and each person is the potential enemy of every other person— Homo homini lupus (“Man is a wolf to [his fellow] man”). Each person is fighting for his own survival and power. Then, each person is supposed to have the right to everything else in order to preserve himself. There is danger lurking in this state, as even the strongest can be killed during the night or by a group of weaker men who cooperate. No one is so much stronger than all the others to actually make sure that his safety can be guaranteed over a long period of time. Hence, there is a certain kind of equality among human beings, as we are all more or less equally strong, or to put it in a different manner: There is no one who is so much stronger than all the others over a long period of time that he could guarantee his own safety in a stable manner. Due to the given equality, this can come to a fictional contract between all human beings, in which all human beings agree to give their natural rights to the Leviathan, who from then on has the absolute power over his citizens. The individual citizens give away their sovereignty, and the political leader receives it.

A slightly less grim picture of human nature was presented by Locke. His ethics is closely connected with Christianity, as he makes clear that without afterworldly sanctions, there would be no reason for not living solely according to the pleasure principle. In the end, morality is based upon a God-given law. In a similar manner, he approaches his political ethics. He limits the power of the sovereign by putting forward that there are natural rights that are God given and valid universally. According to Locke, the natural law and the natural rights exist also in the state of nature. According to Hobbes, in that state everyone has a right to everything. According to Locke, on the other hand, the rights of a human being are limited by the rights of the others. And the most basic rights can be described as the right to the inviolability of a person and his property, which can be specified further by making a distinction between the right to life, health, liberty, and possession. As there are people in the state of nature who do not accept the natural law, there is a need to move from the natural state to a political system.

In contrast to Locke and Hobbes, Rousseau presents a more optimistic understanding of human behavior in the hypothetical state of nature. According to him, there are enough goods available for all human beings, they live separate from one another, and they are peaceful. Then human beings exist in a state of healthy self-love, which includes sympathy, which stops them from acting egoistically. The positively evaluated state of nature ends when someone develops the category of private property due to egoistic desires. Such an action leads to inequality and promotes further egoistic desires, so that one ends up in a system with richer and poorer people. The richer people force the poorer ones to accept a social contract whereby the poorer ones do not realize that they were being forced into the contract. Even though they claim that the social contract serves the common interest, it is supposed to be solely in the interest of the rich. However, there is also the possibility of an ideal social contract, which would be one in which all citizens realize that they are the general will. In that case, the political and moral freedom consists in sticking to the law that one has given oneself. Here, the general will would correspond with the individual one.

Autonomy, in a different sense from Rousseau’s, is central for Kant’s understanding of rights. Rights, according to Kant, are supposed to help individuals to live together so that they do not get into conflict with one another. Anyone is supposed to live such that his arbitrary will can coexist with the wishes of others. Kant also holds that a social contract is the basis of a state. He agrees with Locke that there are inviolable natural rights, with Rousseau that the highest norm concerning law giving ought to be the general will, and with Hobbes that in the state of nature there is the war of all against all. By transforming the particular individual wills into a general will, the state of nature changes into a constitutional state.

Early Greek philosophers did not hold a concept of dignity that can be compared to the one we have. In their case, dignity was always connected to a hierarchy. According to Aristotle, there are natural slaves, who of course have less dignity than citizens. Dignity today, however, implies the equality of its bearers. As said before, the concept of equality of all human beings is developed and becomes particularly influential in Stoic thought. As an outgrowth of Stoic philosophy, the first important concept of human dignity is put forward by Cicero. His thinking is reflected particularly in Renaissance philosophy. Pico della Mirandola and Manetti are two Renaissance philosophers who put forward paradigmatic theories of dignity. Another reader of the philosophy of Cicero was Kant, whose concept of dignity became particularly influential. In this section, first the paradigmatically most important theories of human dignity in historical order (Cicero, Manetti, Pico della Mirandola, and Kant) are presented, and these are followed specifically by the vehement criticism of the concept by Nietzsche, who provides us with a useful basis for reflections concerning the future of human dignity.

Cicero was the first great philosopher who put forward a concept of human dignity. He holds that all human beings, which implies all beings with ratio, have dignity. Concerning Cicero, the sets “members of the species human beings” and “beings with ratio” are identical concerning the extension, which means that if someone is a member of the one set, he also has to be a member of the other set, and it is impossible for a being to be a member of the one set without being a member of the other one. However, dignity is not the central concept within his ethics, as it often is today. The focus of his ethics lies on the highest good, which again is connected with the honorable, the honestum. Anyone who possesses the four cardinal virtues—justice, wisdom, bravery, and moderation—is honorable. Hence, the highest good is solely identified with the virtues. External goods are irrelevant concerning the highest good, which implies, however, a hierarchy of duties. The highest duties are the duties against the gods, followed by the duties against one’s political community and then the duties against one’s parents. We also have duties against other human beings who are bearers of dignity like us. However, these duties are of lower rank. This does not mean that they are irrelevant. These duties are of direct importance concerning our interaction with slaves and foreigners, who are also supposed to be treated in a just and dignified manner. Due to the high relevance of the duties against the political community, Cicero holds that the vita activa is more important than the vita contemplativa, even though the latter corresponds to our human nature.

Another paradigmatically important concept of dignity was put forward by the Renaissance humanist Manetti, whose views were ultimately founded in his faith in the Christian God. Faith is supposed to lead to appropriate actions and right thinking and also to the knowledge of God, human dignity, and the highest good. As in Cicero’s ethics, the concept of dignity is not the central one, which is the concept of the highest good. The highest good lies in a state of afterworldly bliss. To be able to reach this state, one has to be virtuous according to Manetti. The virtues piety, justice, and wisdom are of particular importance, according to him. Anyone who possesses these virtues reaches the highest good. Even though one reaches the correct understanding of these concepts only by means of contemplation, the main focus in life ought to be in the vita activa; with such a focus, one can fulfill ones duties against God and the other human beings in an appropriate manner. Due to the duty of justice, one ought to love all human beings as one’s brother and consider that love in one’s deeds. However, the possession of human dignity is independent of one’s deeds, as it is connected to the imago dei, the image of god, which we possess within our immortal souls. To act in accord with our dignity, we ought to stick to the duties that God has given all men and that are connected with the highest good. One of the duties is the duty of charity. Herein the consideration of other human beings, bearers of dignity, becomes directly relevant.

Another paradigmatically central foundation of human dignity was put forward by Pico della Mirandola. His concept is cited in many contemporary debates, even though current thinkers tend to receive his concept in a biased manner. According to him, human dignity lies in our free will, which lets human beings become a likeness of God and represents the signature of the creator upon his special creations. Human beings, according to Pico, participate in all layers of being, but, in contrast to other creations, they are not connected to one specific layer of being exclusively. Because of our free will, we have the chance to become who we wish to become. Of course, this does not mean that we can turn into fish or pigeons. However, it implies that we can choose our lifestyle according to our own fantasies, desires, or thoughts. It is this aspect which modern interpreters usually focus upon.

Yet, there is another side that can also be found in Pico’s philosophy. Even though we can choose to become who we apparently wish to become, there is supposed to be a real wish within all of us. We all wish to return to our origin, our creator, God, even though not all of us are conscious of this wish. The only way by which human beings are supposed to reach the highest good, which is the center also of Pico’s ethics, is by means of the unio mystica with God. This goal cannot be reached by conscious decisions. We depend upon the mercy of God to reach this state. However, we must first be prepared in order to be eligible for mercy. We must possess the political virtues within our character, which means that we ought to make peace, be just, have the virtue of love, and act in accord with it. On that fundamental level, the dignity of other human beings is considered, as here our duty to consider other human beings, bearers of duty, comes in, and we have the obligation to consider it in an appropriate manner. Our main duty concerning the highest good, however, is to go beyond our connection with the sensual world, to purify ourselves, and in the end God might grant us the chance to return to him and become one with him. The vita contemplativa, according to Pico, is much more relevant than the vita activa. If a human being does not consider the duties just stated, he does not lose his dignity, because his dignity is connected to his free will, which he cannot lose.

The most influential conception of human dignity was put forward by Kant. However, even according to him, the focal point of his ethics lies in the highest good. In contrast to the previous positions mentioned, the highest good, according to Kant in his Grundlegung zur Metaphysik der Sitten (“Groundwork of the Metaphysics of Morals”), does not enclose happiness, but it lies in the good will, which any being has who has will and reason and who acts out of respect for the moral law in accord with the moral law. Anyone who acts on maxims out of respect for the moral law, fulfils the moral law. This implies that his actions are based on maxims. To check whether a statement can be a maxim is to try to universalize the statement and check the reflections. If the reflections lead to contradictions, the statement cannot be a maxim. If the procedure does not lead to any challenges, the statement can serve as a maxim. The categorical imperative, which can be described in various ways, is a way of paraphrasing the moral law. One formulation of the categorical imperative includes the concept of human dignity, which is founded upon autonomy. The highest good and the moral law are valid for all beings with dignity, and dignity applies to autonomous beings only. One implication of the practical formulation of the categorical is that one must never treat humanity, neither in oneself nor in any other person, solely as a means. Any being with dignity must never be treated solely as a means. Hereby, it becomes clear that dignity is of some relevance in Kant’s philosophy; however, even according to him, the highest good is the central focus within his ethics. A further indication that human dignity does not have a foundational role within his ethics is that it turns up mainly within only one formulation of the categorical imperative.

The foundation of dignity, according to Kant, is the capacity of being autonomous, which is a necessary condition for acting in accord with the moral law. Autonomy must not be misunderstood as representing arbitrariness as freedom. Beings with dignity have the necessary duty to act in accord with duty. All acts that are in accord with the categorical imperative are in accord with duty.

In his Kritik der praktischen Vernunft (“Critique of Practical Reason”), Kant holds a similar position. Only his concept of the highest good changes slightly. It still encloses the moral law, but the person who acts out of duty in accord with duty not only deserves to become happy, according to Kant, but he can actually hope to receive happiness in proportional means to his acting morally. However, to act morally implies that one must not act in accord with the moral law while hoping to receive happiness in proportional means to his acting morally, even though one can hope that this will be the case. Only someone who acts morally out of respect for the moral law, without being motivated by his hope that he will be rewarded with happiness, acts morally. He can expect to be rewarded with happiness in an afterworld but not with a happy this-worldly life.

The most vehement criticism of human dignity was put forward by Nietzsche. Explicitly, he attacks solely necessary concepts of dignity, and all the concepts mentioned above have been necessary ones. Implicitly, however, his philosophy also goes against contingent concepts of human dignity. His argument against necessary human dignity goes as follows: The concept of necessary human dignity is founded upon four mistakes. Hence, it ought to be abandoned. The four mistakes he refers to are the following:

• Human beings have an incomplete understanding of themselves.
• Human beings attribute to themselves invented qualities.
• Human beings regard themselves to be in the wrong relationship concerning animals and nature.
• Human beings invent hierarchies of good, which they falsely regard as eternal and unconditional.

Concerning human dignity, these mistakes can be explained further by merely selecting some specific examples in order to support his argument:

• Human beings correctly understand that they have reason. However, they have an incomplete understanding of themselves, as they do not realize that reason is not eternal and that it does not provide us with knowledge concerning the world but was developed in order to help us survive. Reason, according to Cicero, is the foundation of human dignity, but his concept is based on the wrong understanding of reason. Hence, it is not valid.
• Human beings invented the concept of free will, which cannot even be thought of in a non–self-contradictory manner. Free will is the foundation of human dignity according to Pico. However, as free will does not exist, his concept of human dignity is invalid.
• Human beings think that they were created in God’s image and that they have a special status in relation to animals and nature. According to Nietzsche, neither of these claims is correct. Human beings do not have a special status in nature, and they differ merely in degree from other animals. As the concept of God was merely invented, human beings also cannot be created in God’s image. According to Manetti, human dignity is founded on humans being created in the image of God, which is not correct. Hence, his concept of human dignity is invalid.
• According to Nietzsche, all systems of morals, as well as all values and norms, were invented by a certain group that has common interests. There are no eternal values and norms. According to Kant, human dignity represents an eternal norm. Hence, his concept of dignity is invalid.

Against the concept of contingent human dignity, Nietzsche implicitly puts forward at least three separate arguments:

• Nietzsche holds that human beings do not have special status in the world. However, such a special status is demanded by all concepts of human dignity, both necessary and contingent ones.
• Nietzsche holds that there are no universally valid norms. However, necessary and contingent concepts imply that human dignity is a universally valid norm.
• Nietzsche holds that all human beings are not equal, and that there are two groups of people that have to be evaluated differently. However, necessary and contingent concepts imply that human dignity demands the equality of all human beings.

Given these three last points, it is clear that Nietzsche attacks not only necessary concepts of human dignity but also contingent ones.

All concepts of human rights that will be presented in the following paragraphs stem from the Anglo-American tradition: Nozick, Rawls, Nussbaum, Taylor. All four political philosophers defend human rights, but they represent four diverse basic positions within the spectrum of possible communitarian and liberal attitudes. Liberal positions can be characterized as positions in which the right has priority over the good, whereas in communitarian positions, the good comes first and provides the basis for deriving a concept of the right. Nozick is a libertarian thinker and therefore the most liberal of them all. His work is a reaction to the theory of justice that was put forward by his colleague in the department of philosophy at Harvard University, John Rawls. Rawls’s position represents a classical liberal one. Taylor and Nussbaum represent two left-wing interpretations of communitarianism; Taylor puts forward a communist communitarianism and Nussbaum a socialdemocratic version of it.

Nozick’s political philosophy builds on a version of Locke’s natural rights position. The right to one’s own body and one’s property are fundamental, according to him. The best state is supposed to be a night watchman state, whereby the state secures the basic human rights but does not interfere with the free exchange among, and contracts between, consenting adults. Many philosophers criticized him for this system, as they regard the social consequences as not appealing.

According to Rawls, international human rights specify a limit to the internal autonomy of a regime, and any country that provides human rights to its citizens is entitled to tolerance. Hence, a desire to provide human rights entitles countries that see gravely unjust behavior in the internal practice of other countries to promote interventions in the countries in question. In contrast to the dominant lists of human rights, Rawls’s suggestion is more limited; he particularly stresses the rights to life, liberty, property, and equality. His suggestion takes into consideration that promulgation of human rights does not imply the risk of getting rejected as being too liberal or too closely related to the Western tradition. However, Rawls agrees with most human rights theorists by holding that the rights are universal, international, have a high priority, set minimal standards that should save people from the severest forms of unjust treatment, and are relevant primarily for governments.

In contrast to the liberal theories previously discussed, the political philosophies of the following two thinkers are based on a concept of the good that is supposed to be the basis for a concept of the right. Nussbaum’s concept of the good includes two separate lists, based on her intuition, which are supposed to describe (1) the conditio humana, which is relevant for all human beings, and (2) goods and capacities, which are supposed to be important within all human lives. The first list includes mortality, the human body, perception, early childhood development, practical reason, community with other human beings, relationship to animals and nature, humor and play, and individuality. In the second list, she mentions that it is good to live through all stages of life, to be healthy, to fulfill one’s sexual desires, to avoid pain, to have a concept of the good, and to live in a community in which solidarity exists. Hence, she puts forward a strong, but vague, concept of the good. It is strong, as it says something about all aspects of life, but it is vague, as it does not state in detail what ought to be done. Both lists serve as a basis for deriving rights.

Taylor’s concept of the good from which he derives the right, on the other hand, can be described as weak but detailed. It is weak, as it does not put forward anything about all the various aspects of life. Hence, he favors a pluralist ethics. On the other hand, he holds a detailed position concerning religion, as he interprets the world from a Roman Catholic perspective.

In contrast to the human rights tradition, the most prominent concepts of human dignity come from various traditions worldwide. This section will deal with those of Gewirth, Margalit, and Spaemann. The first two thinkers hold a contingent concept of dignity and the last one holds a necessary concept of dignity.

Gewirth holds that all human beings are “actual or prospective purposive agents.” If all beings who are able to actually or potentially act on purpose are bearers of dignity, and all human beings are such beings, then all human beings are bearers of dignity. He connects the rights to freedom and well-being with the concept of dignity. Hence, all bearers of dignity hold the rights to freedom and well-being. According to Gewirth, it is necessary for any agent to have these rights, as these rights are supposed to be necessary for any action, and an agent would be selfcontradictory if he denied having these rights. As morality is concerned with human action and being a human agent, Gewirth claims that human beings have dignity and the two human rights mentioned. The line of thought which he proposes implies some tacit assumptions:

• Morality is concerned with action.
• Human beings are “actual or prospective purposive agents.”
• Person X is a human being.
• Person X wishes to do action A.
• In order for X to be an agent who seeks to fulfill his purpose A, it is necessary for X to assume having the right to act thus, and it would be self-contradictory not to do so, as he would reject what he needs as a purposive agent.
• All human beings, all actual or future purposive actors, need to assume that they have the right to action.
• Rights need to be granted by others.
• Hence, there is a contract between all actual or future purposive actors that need the rights necessary for action.
• All actual or future purposive actors grant the rights necessary for action, which are the rights to freedom and well-being, to all other actual or future purposive actors, so that the others grant oneself the same rights.
• The rights to freedom and well-being are connected with dignity.
• As all actual or future purposive actors grant one another the rights to freedom and well-being that are connected with dignity, and it is necessary for all actors to do so, it is also the case that all actual or future purposive actors grant one another dignity, and granting one another dignity is necessary.

With this line of thought, which, of course, is open to many criticisms, Gewirth argues for human dignity based on a theory of action combined with a contract theory.

Margalit’s argument in favor of dignity is a negative justification of the concept, as he does not state what dignity is but rather what one must not do to others, so that their dignity is recognized. His method can be described as appellative rather than a logical inference that shows the necessity of dignity. His negative justification is supposed to show that human dignity is attacked whenever a person is humiliated. He puts forward examples and reasons that are supposed to show that humiliation is bad, and avoiding humiliation is all that is needed for a decent society. A society that is nonhumiliating is a society that respects human dignity. This position implies that human beings are hurt not only by physical attacks but also by means of symbolic actions.

In contrast to these two this-worldly concepts of dignity, Spaemann’s position is metaphysical. According to him, the concept of human dignity refers to something sacred, the preciousness of human beings themselves, which, however, cannot be thought of without God. Dignity is a religious-metaphysical notion, and human beings have dignity just because they represent the Absolute. It is impossible, according to him, that any human being can be without a certain minimum of dignity. This does not imply that dignity is a gradual notion. The human dignity that is important for contemporary discussions and that does not have any gradations refers to the minimum amount of dignity that all human beings have to have and that they can never lose, according to Spaemann. On the basis of some transcendental-pragmatic reflections, he links dignity to a nonempirical substance, which again is connected with a personal soul. When egg and sperm come together, this soul is united with the body, as the soul is not part of nature. In addition, the dignity connected to the personal soul is not identical with human rights but represents the foundation of human rights.

Future Directions

Given the most recent scientific innovations and artistic creations, it is not a daring prophecy to claim that transhumanism and posthumanism are and will continue to be significant movements. They share the basic attitude that the special status of human beings has dissolved, which means that human beings do not have a special factor that separates them categorically from other forms of life: Human beings are merely gradually different from other forms of life. This conception can already be found in the reflections of Darwin and Nietzsche.

However, transhumanism and posthumanism must not be identified with one another. Their values differ significantly. Whereas transhumanism upholds humanist values, posthumanism sticks to antihumanist values. Humanist values are such that the Renaissance type counts as an ideal that is to be aspired to. Antihumanist values, on the other hand, are such that there is no absolute set of values—values depend upon perspectival interpretations, and it is up to the interpreter in question which values he sticks to. As the concepts of human rights and dignity are connected with humanist concepts like the affirmation of the special status of human beings, which both transhumanism and posthumanism reject, the future development of these movements is directly connected to the evolution of the concepts of rights and dignity. Concerning rights, the next battle will be one between animal and human rights, whereas concerning dignity, human dignity might have to evolve into a trans- or posthuman dignity.

One of the current and future developments concerning rights is related to the dissolution of the special status of human beings. Human rights apply only to human beings, and only humans ought to be considered in the moral realm, because they have a special ontological and normative status in the world. Given the dissolution of the special status of human beings, this position no longer holds. The most prominent defender of animal rights is Tom Regan. He argues that the fact of being a “subject-of-a-life” is a necessary and contingent condition for having rights. As there are nonhuman animals that also possess this quality, they also ought to possess rights, and one ought to alter the concept of human rights into one that includes humans and some nonhumans.

Another attack concerning our current attitude toward animals was put forward by Peter Singer. He compares the discrimination against animals just because they do not belong to the human species with sexism and racism. As an alternative, he proposes an ethics that considers an equal consideration of interests. Hence, two beings that have similar preferences ought to be morally considered equally, too. Both Regan and Singer take the dissolution of the special status of human beings seriously. Thereby, they show that the current concept of human rights ought to be revised, as it does not adequately represent the relationship between human beings and nonhuman beings.

The current and future developments concerning the concept of dignity are also related to the dissolution of the special status of human beings in the world. One of the qualities necessarily connected with human dignity is the special status of human beings in the world. Human beings are categorically different from nonhuman animals, according to this view. It can imply, as it does according to German law, that only a human being is a person and all other beings are things. To hurt an animal is to commit a damage to a property, a thing. Given the dissolution of the special status of human beings, this estimation becomes implausible, and as such, the categorical difference between human beings and animals vanishes. Hence, there is a need to revise the concept of human dignity to integrate the altered attitude concerning the status of human beings in the world. In that case, we might already be able to talk of a posthuman instead of a human dignity. Another option would be to completely get rid of the concept of human dignity, as the qualities related to it are no longer plausible, and given the origin of the concept, it has religious implications, which are also no longer held by a majority of people.

In addition, a further development has to be noted. Genetic engineering enables us to alter the genetic setup of humans significantly, and it can be expected that many further developments will take place in this respect. These developments are significant also for the concept of dignity. Two attitudes concerning human alteration have been developed within two movements. First, there is the transhumanist movement, and second, the posthumanist movement. Both accept the dissolution of the special status of human beings in the world and the integration of human beings in nature so that they are different only in degree from other animals. However, their views concerning the genetic alterations of human beings differ. In contrast to the transhumanists who uphold a humanist—a Renaissance—ideal of human beings, posthumanists uphold antihumanist values.

However, the transhumanist movement is not a unified one. Esfandiary distinguishes between the transhuman and the posthuman. A transhuman is a transitional human who represents the link to the posthumans but still belongs to the human species. A posthuman is a member of the posthuman species, which represents a further step in evolution. Bostrom, on the other hand, has a different notion of the posthuman. He regards a posthuman to be a member of the human species but with capacities that greatly exceed “the maximum attainable by any current human being without recourse to new technological means.” Both uphold a humanist ideal that implies that not all alterations count as enhancements. Only if the alterations stick to a certain ideal of the good, which is similar to the Renaissance ideal of human beings, do they count as enhancements.

The posthumanist movement, on the other hand, is more open concerning what counts as an enhancement. It does not uphold that there is only one moral ideal or that there is only one set of values and norms valid for everyone. There are various ideals that are valid for certain types of human beings. There is a group that upholds the Renaissance ideal, but there are other groups, too. There is also the group of the blind, which regards being blind as an ideal. Posthumanism, in contrast to transhumanism, does not claim that one group holds a mistaken ideal, as transhumanists would claim with respect to the group of the blind for example. Posthumanists have greater respect for the value of negative freedom, which this author regards as a cultural achievement that cannot be underestimated and that one must not sacrifice lightly. The genetically altered, from the perspective of posthumanism, can also be referred to as posthumans. However, there are also concepts of the posthuman within posthumanism that are not directly concerned with questions of genetic enhancement, like Hayles’s concept of the posthuman or Haraway’s concept of the cyborg, which put forward a new anthropology. Hence, posthumanism from their perspective is the attempt of putting forward a radically new picture of what the anthropos is.

There are various ways to understand and affirm genetically altered human beings. If one refers to members of the human species as bearers of human dignity, which one can continue to do, and if one revises the traditional concept by integrating the dissolution of the special status of human beings, then one should seriously consider what type of dignity applies to trans- and posthumans. Given the differences between them and current human beings, this ought to have an effect upon their moral status. Maybe they can be regarded as bearers of transhuman and posthuman dignity, respectively.

Bibliography:

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Human Rights Essay for Students and Children

500+ words essay on human rights.

Human rights are a set of rights which every human is entitled to. Every human being is inherited with these rights no matter what caste, creed, gender, the economic status they belong to. Human rights are very important for making sure that all humans get treated equally. They are in fact essential for a good standard of living in the world.

Moreover, human rights safeguard the interests of the citizens of a country. You are liable to have human rights if you’re a human being. They will help in giving you a good life full of happiness and prosperity.

Human Rights Categories

Human rights are essentially divided into two categories of civil and political rights, and social rights. This classification is important because it clears the concept of human rights further. Plus, they also make humans realize their role in different spheres.

When we talk about civil and political rights , we refer to the classic rights of humans. These rights are responsible for limiting the government’s authority that may affect any individual’s independence. Furthermore, these rights allow humans to contribute to the involvement of the government. In addition to the determination of laws as well.

Next up, the social rights of people guide the government to encourage ways to plan various ways which will help in improving the life quality of citizens. All the governments of countries are responsible for ensuring the well-being of their citizens. Human rights help countries in doing so efficiently.

Get the huge list of more than 500 Essay Topics and Ideas

Importance of Human Rights

Human rights are extremely important for the overall development of a country and individuals on a personal level. If we take a look at the basic human rights, we see how there are right to life, the right to practice any religion, freedom of movement , freedom from movement and more. Each right plays a major role in the well-being of any human.

Right to life protects the lives of human beings. It ensures no one can kill you and thus safeguards your peace of mind. Subsequently, the freedom of thought and religion allows citizens to follow any religion they wish to. Moreover, it also means anyone can think freely.

Further, freedom of movement is helpful in people’s mobilization. It ensures no one is restricted from traveling and residing in any state of their choice. It allows you to grab opportunities wherever you wish to.

Next up, human rights also give you the right to a fair trial. Every human being has the right to move to the court where there will be impartial decision making . They can trust the court to give them justice when everything else fails.

Most importantly, humans are now free from any form of slavery. No other human being can indulge in slavery and make them their slaves. Further, humans are also free to speak and express their opinion.

In short, human rights are very essential for a happy living of human beings. However, these days they are violated endlessly and we need to come together to tackle this issue. The governments and citizens must take efforts to protect each other and progress for the better. In other words, this will ensure happiness and prosperity all over the world.

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Human Rights Essay - 100, 200, 500 Words

• Essay on Human Rights -

Human rights are defined as the basic rights and freedoms that belong to every person in the world, from birth until death and they apply regardless of where you are from, what you believe or how you can choose to live your own life.

• 100 Word Essay on Human Rights

Human rights are the basic fundamental rights that we, as humans, are entitled to and mark everyone as free and equal, irrespective of their age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the second world war. UDHR adoption led to recognising human rights as the foundation for freedom, justice and peace for every individual. Although it’s not legally binding, most nations have incorporated these human rights into their constitutions and domestic legal frameworks and guarantee that our most basic needs are to be protected.

200 Word Essay on Human Rights

500 word essay on human rights.

The Basic Human Rights are given below-

Human Rights to Life

Human Right to Equal Treatment

Human Right to Privacy

Human Right to Marry

Human Right to Work

Human Right to Education

Human Right to Social Services

Human rights are considered a set of rights which is given to every human being regardless of gender, caste, creed, religion, nation, location or economic status. These rights are said to be moral principles that illustrate certain standards of human behaviour. Protected by law, human rights are applicable everywhere and at any time. Basic human rights mostly include the right to life, right to a fair trial, right to remedy by a competent tribunal, right to liberty and personal security, right to own their property, right to education, right to peaceful assembly and association, right to marriage, right to nationality and freedom to change it, freedom of speech, freedom from discrimination, freedom from slavery, freedom of their thought, conscience and their religion, freedom of movement, right of opinion and information, right to adequate living standard and freedom from interference with privacy, family, home and correspondence and so on.

While these human rights are protected by law, many of these are still violated by people for different reasons and some of these rights are even violated by the state. The United Nations committees (UNC) have been formed in order to ensure that every individual enjoys these basic rights. Governments of different countries and many non-government organizations have also been formed to monitor and protect these human rights.

Every person has their own dignity and value and we can recognise the fundamental worth of every person by acknowledging them and most importantly respecting their human rights. Human rights are a set of rules or principles that are concerned with equality and fairness and they can recognise our freedom to make choices about our lives and develop our potential as human beings. Human rights are about living a life free from fear, harassment and discrimination.

Human rights always connect us all through a shared set of rights and responsibilities. People’s ability to enjoy their human rights depends on other people respecting those rights, this means that human rights involve responsibility and duties towards other people and the community worldwide. Individuals have a responsibility to ensure that they can exercise their rights with consideration for the rights of others.

Governments must have a particular responsibility to ensure that people can enjoy their rights and they must establish and maintain laws and services that enable people to enjoy a life in which their rights are respected and protected with respect.

Human rights are a vital part of how people interact with others at all levels of society like in the family, the community, school, workplace, politics and international relations, etc. Hence, it is important that people everywhere strive to understand what human rights are and when people better understand human rights, it is easier for them to promote justice and the well-being of society.

Need For Human Rights

Human rights are a set of principles and values that are considered essential for the dignity and worth of every individual, regardless of race, gender, nationality, ethnicity, religion, or any other status. The need for human rights stems from the recognition that all human beings are entitled to certain fundamental freedoms and protections that are necessary for their well-being, autonomy, and happiness.

Some of the reasons why we need human rights include:

Protection against discrimination and inequality: Human rights ensure that everyone is treated equally and protected against discrimination, regardless of their background.

Ensuring personal freedom and autonomy: Human rights guarantee individuals the right to life, liberty, and security, allowing them to make decisions about their own lives and pursue their own goals and aspirations.

Providing basic needs and necessities: Human rights also ensure that individuals have access to basic needs such as food, shelter, health care, and education.

Promoting human dignity: Human rights uphold the dignity and worth of each person, recognizing that every individual has inherent value and deserves to be treated with respect.

Ensuring accountability and justice: Human rights provide a framework for holding governments and other actors accountable for their actions, and for ensuring that justice is served in cases of human rights violations.

Overall, human rights are an important component of a fair and just society, and are essential for ensuring that every person is able to live with dignity, security, and freedom. Human rights are essential for ensuring dignity, equality, and freedom for all individuals. They protect against discrimination, ensure basic needs and necessities, promote personal autonomy, and provide accountability and justice in cases of violations.

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177 Human Rights Research Topics: Bright Ideas List 2023

Do you have a college research project or thesis on human rights and have been wondering how to prepare a good paper? You need a number of things, such as good research, analytical, and writing skills. However, the first step is getting the right topic. This is very challenging for most students, but we are here to help. This post provides a 177 human rights topics list that you can count on for the best grade. We will also tell you how to craft a great university human rights dissertation.

A Brief about Human Rights

Human rights are the basic freedoms and rights that belong to all persons in the globe, starting from birth to death. These rights apply irrespective of where you are, personal beliefs, or the way you decide to live your life. They cannot be taken away but can be restricted in some cases, such as if you break the law.

The basic rights are anchored on shared values, such as dignity, fairness, equality, independence, and respect. They are all protected by law. Because of their wide applications in areas such as the justice system and employment-related topics, you can expect to get many related school assignments and projects on it.

How to Write a Good Human Rights Thesis or Dissertation

Before we can look at the best human rights thesis topics, let’s look at the best process of writing it. This can be divided into six main steps:

• Identify the study topic in line with your class teacher/professor’s recommendations. You can use our list of basic human rights topics that comes shortly after this guide.
• Research the topic well to ensure it has ample resources. Then, identify the main points that will be covered during the study. It will be good to think about the entire dissertation right from the start because all parts are interconnected.
• Develop a thesis statement. This is very important because it will be tested after analyzing the results.
• Develop a good structure for the thesis. This is the outline that will guide you on what to include at what point. Carefully look at the current recommendation from your school. One of the best outlines you might want to consider include:

Introduction Literature review Methodology Results Analysis and discussion Conclusion Bibliography

• Prepare the first draft.
• Write the final draft by redefining the first draft. At this point, it will be a good idea to consider editing services from experts.

Next, we will highlight the main topics that you should consider in human rights. However, we’d like to remind that you can only pay for thesis and not waste your time over a tone of assignments.

Top Human Rights Research Topics

• How does social discrimination impact people living with HIV/AIDS?
• Same-sex marriage: Why is it more social compared to religious significance?
• A review of international reaction to sweatshops in Asian countries.
• A closer look at the flaws of morals for kids raised in the US compared to those brought up in Japan.
• A comprehensive review of the employment problem arising from the surge of the immigrant population.
• Human rights violations in a country of choice: How has it impacted its image?
• War against terrorism: How is it impacting human rights?
• Should prisoners retain their voting rights?
• Should the US cut trade ties with countries that grossly violate human rights?
• Universal human rights: Are they achievable in the modern world?
• Is there a point where human rights can be justified in the interest of national security?
• Use of cameras in public places: Do they violate human rights?
• Non-governmental organizations’ operations: Are they strong enough to help protect human rights?
• Promotion of human rights: Should it be the first priority for every government?
• Capitalistic systems: Do they defend or violate human rights?
• Comparing the policies for human rights protection of the United States and India.
• A review of human rights violations during the 2021 US army withdrawal from Afghanistan.
• Should the US be held accountable for the nuclear bombing of Hiroshima and Nagasaki in 1945?
• Human rights in the US and Latin America: A comparison.
• Compare two historical human rights portraits in the 20 th century.

Argumentative Human Rights Topics

• Is violation of human rights allowed during times of war?
• Circumcision of infants: Does it violate their human rights?
• Should women and men have varying rights?
• What is the link between human rights and traditions?
• Capital punishment: Should it be considered a violation of human rights?
• Right for freedom to education: Should it be made available for all?
• Social media networking services: Should they guarantee privacy for all the clients.
• Is the US policy on immigration discriminatory?
• Interest of states: Should it take precedence over an individual’s human rights?
• Developed countries have a duty to promote human rights in the developing states.
• Pet ownership should be considered a universal human right.
• Childhood concept differs from one culture to another: Should the notion of child labor also vary?
• What are inappropriate ways of fighting for human rights?
• Development of a country: Does it depend on the country’s defense of human rights?
• From a human rights perspective, which is the most important amendment to the US constitution?
• Comparing Apartheid and Holocaust: Has justice been done for the victims.
• Human rights in the 21 st century: Is the globe doing enough to address the crisis in the Tigray Region of Ethiopia and Afghanistan?
• What are the most important lessons on human rights from World War II?
• Human rights violations in West Bank: Has the globe done enough?

International Human Rights Topics

• What does the distribution of the COVID-19 vaccines tell us about human rights internationally?
• A review of cases of human rights in the United States between the 1950 and 2000.
• Analyze the impacts of discrimination based on color and race.
• A thematic review of modern human rights movements.
• Trace the evolution of human rights starting from the ancient times to the age of globalization.
• What is the relationship between human rights and peace in a country? A case study of the Netherlands.
• Disability in the UK is under attack: Discuss.
• Who should people running away from human rights violations turn to?
• Is it appropriate to deny human rights on the basis of religion and gender?
• Violation of human rights in North Korea: How is the developed world preparing to tackle it?
• Violation of human rights in Venezuela: Should the United States get involved?
• The right to stay silent in a court of law: How is this likely to affect the accused person?
• What are the best remedies for addressing violations of women’s rights in the Middle East?
• Will the world ever get to a point where people will live without worrying about human rights violations?
• What makes it so difficult to introduce gun control in the United States?
• Who should be held responsible for cases of mass shootings in schools?

Controversial Human Rights Topics

• What are the similarities and differences between human and civil rights?
• Evaluate the violation of human rights in Syria in the 21 st century.
• Police-related human rights violation: How can we prevent it?
• Should prisoners have a right to vote?
• Assisted euthanasia is a violation of human rights: Discuss.
• Should persons who try to take their own lives be charged in a court of law?
• What is the best way to punish states for violating human rights?
• Countries arming themselves with nuclear weapons are readying to violate human rights.
• How effective are laws on domestic violence in the UK?
• All cases of human abuses in history should be tried and concluded.
• Is the UN doing enough to protect human rights?
• Holocaust: Is it possible for the world to heal completely?
• Do you think that the Rwanda Genocide could have been avoided?
• It is time to act: How do you think the global community should handle the problem of immigrants trying to cross from Africa into Europe?
• The hidden danger of not addressing bullying in school.
• Is disciplining a child a violation of human rights?
• Are correctional facilities doing enough to correct the behavior of inmates?
• Is imprisonment enough to punish murder criminals?
• Making a case for life imprisonment and the death penalty for murder criminals.
• Is abortion a violation of human rights?

Human Rights Discussion Topics

• What is your view on the famous revolt of the Cockroach People?
• Discuss the outcomes of the LGBT movements in the 20 th century.
• A deeper look into civil rights movements from Malcolm X point of view.
• Interaction between Japan and China during WWII: How did it impact human rights issues in the two states?
• Discuss the biggest human rights violations in South Africa after Apartheid.
• UN Refugee program: How does it help enhance refugees’ welfare across the globe?
• French Revolution and human rights: A thematic review.
• Human rights in medieval Europe.
• Human Rights Act in New Zealand in 1993: What is its significance?
• Which human rights did women across the globe find hard to access in the 20 th century?
• Police brutality in Brazil: Are the efforts taken by the government enough?
• Discuss transgender rights in Europe.
• A review of transgender human rights issues in the United States.
• Disability rights in the UK.
• Comparing disability policies in the US and India.
• Racial profiling by police.
• What are the roots of racism in the United States?
• Review the Trail of Broken Treaties.
• A deeper look at the Chattel Slavery in the Colonial America.
• Review the African-American male experience.
• Reviewing the history of the Bill of Rights in the United States.
• Analyzing the American Indian Movement: How does it compare with other human rights movements?
• Human rights in modern cinema: How are whites and people of color-treated?

Interesting Civil Rights Topics

• Black Power Movement: How did it impact the Black Lives Matter in 2020 and 2021?
• Are the 20 th Century civil rights movements sustainable?
• Comparing women rights movements in 2020 and the 20 th century.
• How did Martin Luther influence the civil rights approaches that came after him?
• Comparing the scientific Revolution, Reformation and Renaissance movements’ impacts on western thought.
• Protestant Reformation: Discuss how Catholic Church’s corruption and crusaders of war contributed towards its formation.
• A closer look at the human rights movements during the Industrial Revolution of between 1760 and 1840.
• How did the teachings of the American Revolution help the secession movement and Civil War?
• How did Teddy Roosevelt impact the progressive movement?
• The impact of communism impacts world history.
• The location of a civil movement is the most important thing in its success: Discuss.
• What made people start nationalist movement in Prussia?
• Discuss the results of anti-nationalist movements in New York.
• Female and Islam oppression on the globe.
• Reinventing a revolution: A closer look at the Zapatista Movement.
• What is the link between music, protest, and justice?
• Confederate Flag: Is it a symbol of oppression?
• Review the voting rights of 1965.
• The West Memphis Three.

Special Human Rights Debate Topics

• Women rights in the first half and second half 20 th century.
• Legalization of same sex marriage and its impact on global fights for human rights.
• Human rights movements in the US and their impact on federal policies.
• International human rights movements: How has it influenced the UK judicial policies?
• Responsibility to protect: How is it related to the issue of human rights?
• Suffrage rights in ancient Greek: A holistic review.
• Human rights presentation in the philosophy of enlightenment.
• Human rights violations during the First World War.
• What are lessons did we learn from Hitler and Holocaust during WWII.
• These five reasons are the main causes of human rights violations in the 21 st century.
• The main causes of gender disparity in the US.
• Comparing the state of human rights in the UK and Qatar.
• Do you think the bible violates human rights?
• Environmental racism: What are the main effects?
• The importance of the judiciary in protecting human rights.
• Women rights in the Roman Empire.
• Segregation is a violation of human rights.
• Discussing critical human rights issues in India.

Unique Human Rights Topics for Research

• The collapse of the Soviet Union and Rise of Communism in Russia.
• Comparing the Pan-African movement to the 20 th -century cultural nationalism of Latin America.
• A review of the Hong Kong Umbrella Movement’s goals and methods.
• Abolition of death penalty: Why it is a major human rights issue.
• Popularity of social media and its impact on human rights. A closer review of Arab countries in North Africa.
• International Calvinism: What was the impact on European Culture?
• Why do other countries not intervene in North Korea where massive abuses of human rights have been reported?
• A statistical review of human trafficking in the 20 th century.
• How can a person as an individual help to promote human rights?
• Utilitarianism contravenes human rights.
• Human rights institutions and their efforts in protecting human rights in Africa.
• Military actions to protect human rights: Does it make sense?
• Black Lives Matter Movement protests: What does the movement say about human rights today?
• Does the UK constitution comprehensively cover the issue of human rights?
• Global manufacturing: How has it impacted the rights of workers?
• Has the International Labor Organization done enough to protect the plight of workers on the globe?
• How does poverty impact human rights in developing countries?

PhD Topics in Human Rights

• A review of the parts of the globe with the worst cases of human rights violation.
• How does the internet promote human trafficking? A thematic review.
• A comprehensive review of factors that impact the outcome of different trials in a court of law.
• Legitimate forms of the death penalty.
• What factors prevent people from getting justice? A literature review.
• A comprehensive review of the impacts of legalizing drug use.
• What factors prevent equal representation of women in top leadership roles in the developing world?
• What are the major problems faced by LGBT couples? Propose possible solutions.
• Racial profiling by police: A case study of Mexico.
• A comparative review of human rights policies of three countries of your choice in Europe.

Other Human Rights Research Paper Topics

• LGBT relationships: Why are they disallowed in some countries?
• Comparing the rights of pets to human rights?
• A review of human rights violations during quarantines caused by the COVID-19 pandemic.
• A review of the fundamental principle of the EU Commission of Human Rights.
• Human rights violations in Taiwan.
• What is the link between ecological problems and human rights problems?
• Evaluate the most frequently violated human right in your workplace.
• What is the UK policy on refugees?
• A closer review of transgender rights in Europe.
• Discuss physical abuses in marriage in the UK.
• Evaluate the amendment of laws in France to suit LGBT relationships.
• Prisoners of war: Do they deserve human rights protection?
• Discuss the strategies used by the two countries with the best human rights records.
• Comparing the human rights institutions in Africa to those in Asia.
• Violation of human rights in Crimea in 2014: Were the remedies enough?

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Human Rights Paper Sample

Type of paper: Term Paper

Topic: Women , Human , Culture , Religion , World , Human Rights , Life , Racism

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Published: 12/03/2019

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On what grounds is the idea of universal human rights challenged?

Human Rights

The universality of human rights is one area that has generated many debates and equally varied interpretations with respect to its existence. The debate regarding the universality of Human rights calls for the understanding of ‘universality’ and ‘human rights’. Irrespective of what they do, who they are, or where they come from, all human beings are holders of human rights, and therefore, they are entitled to their rights (Ankerl, 2011; Donnelly, 2003). Since the UN adopted the Universal Declaration of Human Rights in 1948, fundamental freedoms and human rights have undergone codification of different types that cover almost every aspect of human life (economic, social, political, cultural, and religious rights) (United Nations, 2011). Virtually, all states and nations accepted this catalogue of rights and incorporated them into their laws and obligations. However, the realization of universality of human rights is an issue that still needs commitment and continued growth among religions and civic societies for human rights to become universal.

One of the fundamental theoretical characteristics of human rights is universality. This characteristic influences other categories covered by human rights. Other important characteristics of human rights include egalitarianism (all humans have similar rights), categorical (human rights cannot be denied to anyone because he/she possesses these rights), fundamental (human rights are basic and essential elements necessary for human existence), indivisible (all sections of human rights are complimentary, and therefore, they must be respected), and finally, human rights are individualistic. Simply put, the reason for having these rights is for global knowledge of what is acceptable and what is not acceptable in respect of how we treat other human beings (Forsythe, 2000). Human rights also provide values and guidelines for nations and individuals to follow, thus providing overall peace around the world and justice

Sadly, the implementation of human rights is faced with a myriad of challenges thereby discrediting the universality of Human Rights. Other than failures associated with implementation of human rights, many activities and practices over the world are breaching the idea of human rights. For instance, crimes against humanity happened in various parts of the globe despite the existence of the universality of human rights. The Rwandan Genocide, Srebrenica Genocides, and more recent cases such as the Libyan Wars are examples of actions that have violated human rights, and as well, undermined the universality of human rights (Dallaire, 2004). Could there exist factors that prevent the exercise of human rights across regions? Have humanitarian intervention institutions failed to exercise their authority? Are human rights universal or just applicable to particular regions and boundaries? Undeniably, answers must be provided to these and other questions relating to the universality of human rights, or else the notion of Universality of Human Rights would remain but just as a ‘Theory’ (Tharoor Shashi, 2011).

Other instances that have challenged the practicality of human rights include cases of Female Genital Mutilation based on cultural and religious backgrounds. Female genital mutilation is a procedure that contradicts the Universal Declaration of Human Rights because it involves torture and removal of parts of the female genitalia. This activity violates article 5 of Human Rights Declaration that states that no individual should be subjected to acts of cruelty, punishment, torture, or other degrading acts. Notwithstanding its condemnation by the World Health Organization and other Human Rights groups, hundreds of thousands of women have died or suffered from the complications and side effects of this practice. Sadly, Female Genital Mutilation and Female Circumcision are still being practiced in different parts of the world despite the existence of the Universality of Human Rights. Allowing the continuity of female genital mutilation is a violation of human rights, and if no interventions are made with regard to this act, then there would be no need of universality of Human rights.

Religion and Culture are some of the biggest impediments to the realization of the Universality of Human Rights. For instance, Genocides and Female Circumcision have been or are still undertaken on religious and cultural grounds (De Brouwer, 2005). Genocides are argued to be acts of ‘ethnic cleansing’ among cultures and are well organized based on political or cultural grounds (Dallaire, 2004), while some religions such as Islam argue, that Female Genital Mutilation is necessary ‘to make it pleasant for the Husband’. Using religious and cultural perspectives to continue with these torturous acts is violation of the Universality of Human Rights in itself (Rehman, 2007). Even though every individual has a right and freedom to religion, it should be used as a framework for undertaking actions that bring torture to fellow human beings, for they too, have rights that must be respected. With liberalization and education, the perpetrators must get out of the religious and cultural cocoons in order for human rights to become universal. If not, then the notion of universality of Human rights would continue being challenged and in turn, making it difficult to be realized.

Similarly, public stoning is still a cultural and religious practice in some regions of the world, such as Sudan, Afghanistan, Pakistan and Nigeria. Women accused of adultery can be ordered to be stoned to death as part of Islamic law, or better known as Shari`a law. The perpetrators of this act condemn western critics to justify the applicability of this form of punishment (Rehman, 2007). To some extent, they might be right, but how about the victims who undergo acts of torture and murder? Is that not a violation of their human rights? Are there no legal systems to address such issues? So long as these acts continue to exist, the universality of Human rights would not be achieved but it would exist as a theory.

Undeniably, cultural diversity and particular interests are other major impediments to the realization of human rights. For instance, human rights cannot be realized when there is struggle between the realizations of particular State interests that seek to claim priority of their sovereign as compared to the realization of the universality of human rights. The particular interests in question can be a measure of obtaining sphere of influence but they might be under struggles with the moral dimension of human rights. This explains why the implementation of the universality of human rights has not reached where it is supposed to be, and thus, majority of human beings will continue to suffer from violation of their rights (Jackson, and Sorensen, 2003). Equally, many have argued that human beings come from different cultural diversities and as such, they face have different moral dimensions regarding human rights. This fact can be confirmed from the Asian Values Debate, which defines human rights based on cultural grounds (Hashimoto, 2004). They argue that the rights of an individual are supposed to be defined by the immediate community. The differences in cultural concepts and claims leads to people holding to incompatible views that undermine the practicability and universality of human rights.

Admittedly, it is widely accepted that the concept of the universality of human rights should be a matter to be pursued with unquestionable aspiration. However, the biggest challenge is that Human rights cannot continue existing in theoretical formats in treaties, laws, and declaration. Efforts must be made to ensure that its practicality is done on the ground (particular societies, communities, or states). The struggle should begin with the elimination of egregious violations to human rights such as genocides, female genital mutilation, political interests, religion, discrimination, and cultural diversities. Without any measure being undertaken, Universal rights will continue to exist in ‘theory’ and, sadly, human beings will continue to suffer. With commitment and continued development in all areas, the challenges to the realization of universality human rights can be overcome and the aspiration of realizing human rights can be achieved.

Reference List

Ankerl, G. 2011. Relativity of human rights. Sacha Journal of Human Rights, 14-36. Dallaire R. 2004. Shake Hands with the Devil: The Failure of Humanity in Rwanda. Da Capo Press De Brouwer, A. M. 2005. Supranational Criminal Prosecution of Sexual Violence. Donnelly, J. 2003. Universal Human Rights in Theory and Practice. Cornell University Press Forsythe, David P., 2000. Human Rights in International Relations. Cambridge: Cambridge University Press. International Progress Organization Hashimoto, H. 2004. The Prospects For A regional human rights mechanism in East Asia.

Intersentia NV Jackson R. and Sorensen G. 2003. Introduction to International Relations: Theories and Approaches. Oxford: Oxford University Press Rehman, J. 2007. Religion, human rights and international law: a critical examination of Islamic state practices. Martinus Nijhoff Publishers

Routledge Tharoor Shashi, 2011. Are Human Rights Universal? Accessed on 12th October 2011 from http://www.thirdworldtraveler.com/Human_Rights/Are_HR_Universal%3F.html United Nations, 2011. The Declaration of Human Rights. Accessed on 12th October 2011 from http://www.un.org/en/documents/udhr/

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What Does the European Court of Human Rights’ First Climate Change Decision Mean for Climate Policy?

On 9 April the European Court of Human Rights (ECtHR) issued its first ever comprehensive  decision  in a climate litigation case. The judges of the Court’s Grand Chamber found that Switzerland was in breach of its positive obligations to protect the health, well-being and quality of life of Swiss citizens from the impacts of climate change. This violation was attributed to the Swiss government’s failure to implement the robust regulatory framework necessary for fulfilling its commitment to reduce emissions as set out in the Paris Agreement.

As the dust begins to settle on this case, the critical question in the minds of many is what implication the judgment will have for how Switzerland and the  45 other signatories  of the European Convention on Human Rights (ECHR) now address climate change.

Could this ruling catalyse the rapid cross-cutting action that is urgently needed to combat climate change?

Firstly, this is a question of  compliance : will Switzerland and the other ECHR signatories find the judgment a compelling reason to amend their climate laws in line with the guidance given by the court? Most commentators have focused on this element. While there appears to be a general consensus that the ruling will be “ transformative ”, some have treated it  more cautiously . In particular, while the case is expected to have “ knock-on ” effects on law and policymaking at the domestic and international levels, the extent of these impacts will take time to crystallise. Some researchers argue that, with its ruling, the ECtHR has merely set a “ minimum standard ” and thus they  question  whether it will lead to ECHR signatories significantly tightening their climate laws.

But importantly, this is also about  effectiveness : can the type of regulatory framework envisioned by the ECtHR drive countries to meet their legislative climate commitments? We focus our analysis below on this aspect, seeking to assess how effective the type of regulatory framework envisioned by the Court can be in accelerating credible climate action.

A domestic regulatory framework aligned with human rights obligations

In its judgment, the ECtHR set out a series of minimum requirements that a domestic climate change regulatory framework must meet to align with human rights obligations. These are firmly grounded in the architecture of the Paris Agreement, reflecting global practices in climate governance and  strong scientific foundations .

Climate framework laws  have emerged as a prominent tool to drive domestic climate action, including establishing regulatory frameworks. To date,  59 countries , including 25 ECHR signatories, have enacted climate framework laws. These laws set the  strategic direction for national climate policies,  and also often include long-term climate objectives: for example,  17 countries’ laws  contain net zero or climate neutrality targets.

The  scope  of climate framework laws varies significantly, however. Some countries, like  Nigeria , set up inter-ministerial coordination bodies to prepare national climate action plans designed to meet targets, whereas others like  Canada  mandate interim targets or carbon budgets based on the advice of independent expert advisory bodies. In some cases, like  Japan , legislation separately addresses mitigation and adaptation efforts. At times, countries also establish domestic governance processes across multiple laws, executive policies or through informal processes.

Unfortunately, when it comes to understanding the impact of such climate framework laws, empirical evidence remains limited, particularly regarding how impacts might vary across different socioeconomic and political contexts. However, research conducted by the Grantham Research Institute into the impacts of climate framework laws in the  UK , and most recently in  Germany, Ireland and New Zealand , has uncovered varied impacts across five key areas (see Figure 1). These findings indicate that the most significant impacts of climate framework laws are observed in the areas of governance and political debate.

Figure 1. Impacts of climate framework laws

Source:  Averchenkova et al. (2024 )

Mapping the Court’s minimum requirements against the building blocks of effective climate laws

The ECtHR’s specified set of minimum requirements for a State’s regulatory framework on climate change (paragraph 550 of the judgment) align closely with what  our research identifies  as the core building blocks of effective climate framework laws – see Table 1 below. Not only do these elements of climate laws have the most direct influence, they also lead to the most significant impacts. Our research shows that these building blocks directly contribute to the robustness of regulatory frameworks, ensuring that climate action is both ambitious and grounded in scientific evidence.

Table 1. The ECtHR’s minimum requirements mapped against our identified building blocks for effective climate framework laws

The similarities between the ECtHR’s stipulated requirements for climate regulatory frameworks and the building blocks that make climate framework laws most effective suggest that the approach required by the Court could have significant positive impacts.

However, while the identified components are crucial, they may not be sufficient on their own to catalyse rapid and enduring change. For example, although many climate framework laws mandate public consultation, the specifics of these processes are often imprecisely defined, leaving uncertainty about how public participation, stakeholder engagement and deliberative processes are to be continuously or formally integrated into an institutional framework. This integration is vital for ensuring public acceptance of climate policies.

The ECtHR addressed this need in paragraph 554 of its judgment, underscoring the importance of public participation and access to information in developing climate policies. The extent to which this aspect of the judgment will influence future legislative practices and improve the inclusivity and effectiveness of climate governance remains an open question.

Helpful guidance from the Court – but ultimately it comes down to political will

Our research also highlights that there are significant challenges to implementing climate framework laws: in particular, without sustained political will, enforcement becomes very difficult. Another recurring issue is the absence of stringent penalties for non-compliance, which undermines the credibility of these laws and poses risks to democratic accountability. Litigation, while a last resort, can strengthen both administrative and political accountability for fulfilling climate commitments. The  KlimaSeniorinnen  ruling highlighted significant gaps in Switzerland’s regulatory framework and its failure to meet previous emissions targets, underscoring the judiciary’s role in holding states accountable for their climate obligations.

The ECtHR has set out clear directions for member states to follow to align their climate policies with human rights obligations. Domestic legislators across Europe must give these requirements serious consideration to ensure their climate laws not only meet these minimum standards but also effectively contribute to global climate goals. This is imperative for both environmental sustainability and the protection of fundamental human rights that climate change is affecting.

Isabela Keuschnigg

Isabela Keuschnigg is a Legal Officer at Opportunity Green and a Research Assistant at the LSE Grantham Research Institute on Climate Change and the Environment.

Catherine Higham

Catherine Higham is a Policy Fellow and Coordinator of the Climate Change Laws of the World project at the LSE Grantham Research Institute on Climate Change and the Environment.

Joana Setzer

Joana Setzer is an Associate Professor at the LSE Grantham Research Institute on Climate Change and the Environment.

Tiffanie Chan

Tiffanie Chan is a Policy Analyst at the LSE Grantham Research Institute on Climate Change and the Environment.

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Beyoncé ‘Renaissance’ inspired course syllabus to be sent to nearly 30 HBCUs

T he Human Rights Campaign’s HBCU program has released a syllabus inspired by Beyoncé’s 2022  Renaissance , per a detailed report by Billboard. Renaissance: A Queer Syllabus , was released on Monday and is described by Billboard as “a sprawling collection of academic articles, essays, films and other pieces of media rooted in Black queer and feminist studies and directly inspired by each track on Queen Bey’s Billboard 200-topping dance album”. The syllabus revolves around six themes, spanning from “intersectionality and inclusivity” to “social justice and activism”, drawing inspiration from popular songs on the album for lesson content.

The course syllabus was created by Justin Calhoun, Leslie Hall, and Chauna Lawson, members of the Human Rights Campaign’s HBCU program. According to the report, the syllabus will be distributed to around 30 historically Black colleges and universities, such as Howard University, North Carolina A&T University, Prairie View A&M University, and Shaw University.

The Human Rights Campaign did not work with Beyoncé nor Parkwood Entertainment to make the syllabus but they describe putting the document together as a seamless process according to Hall.

“We knew amongst the team which authors and which folks to go to for certain things, I don’t think any of us did many Google searches,” said Hall. We knew where to go to connect the right [resources] to one of her songs [and] build a course out of it. It is really a testament to well-read, well-learned people. I feel obligated to say that because we don’t talk about ourselves like that. We’re smart. It would take folks with Howard degrees to put something like this together.”

The syllabus on page 7 includes a note for universities that have received the document.

“ We are thrilled to introduce the Queer Renaissance Syllabus, an educational resource designed to celebrate the beauty, brilliance, and resilience of the LGBTQ+ community. As the HBCU program at the Human Rights Campaign, we are excited to share this resource with you and invite you to share it with your university community.

Inspired by the award-winning album Renaissance by Beyoncé and the resilience of the LGBTQ+ community, this syllabus aims to amplify diverse voices, empower communities pushed to the margins, and promote inclusivity and a sense of belonging within higher education. In light of the recent declaration of a national state of emergency for members of the LGBTQ+ community by the Human Rights Campaign, this syllabus becomes even more significant. It serves as a powerful tool to navigate these challenging times and foster a deeper understanding of the experiences and contributions of LGBTQ+ individuals.

At the Human Rights Campaign Foundation, we strive to achieve LGBTQ+ equality by inspiring and engaging individuals and communities. Through our HBCU program, we work to empower leaders, eliminate stigma, and enrich the college experience for LGBTQ+ students and the entire student body.

Thank you for your commitment to education, equality, and social progress. ”

Beyoncé’s HBCU Advocacy

While this syllabus is independent of Beyoncé or Parkwood Entertainment, the music icon consistently leverages her resources and platform to highlight and support HBCUs. Particularly, she showcased HBCU culture and history in her 2019 “Homecoming” Netflix documentary and Coachella performance. She expressed her desire to attend an HBCU during an interview within the two-hour film.

“I always dreamed of going to an HBCU. My college was Destiny’s Child. My college was traveling around the world, and life was my teacher.”

In August, Beyoncé teamed up with Tiffany & Co. to launch a collection inspired by her Renaissance tour in support of HBCU scholarships. The collection includes designs Beyoncé wore during the tour, ranging in price from $275 to $700. All proceeds from the collection were dedicated to Beyoncé and Jay-Z’s “About Love” scholarship. This scholarship, a collaboration between Tiffany & Co., Beyoncé’s BeyGood Foundation, and Jay-Z’s Shawn Carter Foundation, provides educational funding for students in fine arts, history, and communications at Lincoln University in Pennsylvania, Norfolk State University, Bennett College, University of Arkansas at Pine Bluff, and Central State University.

The scholarship, founded in 2021, received $2 million in funding from Tiffany & Co. for chosen students. It aims to support students requiring emergency aid to pursue their education, with the scholarship amount adjusted according to students’ financial needs.

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