Why Do We Need Human Rights? (3): Physical Security

Those human rights that protect a person’s security, bodily integrity and life, and that prohibit physical assault, dismemberment, torture, cruel punishment etc., acknowledge deep-rooted needs such as the wish to survive and to avoid pain.

Now, if it is reasonable to presume that some or even all people will not always be able to avoid violence and that it is preferable to avoid having other people revenging violence, then it is also reasonable to create an impartial institution that is above the people and that is strong enough to counter violence. This institution is the state. In many cases, the only way to eliminate or avoid violence is to threaten and punish the perpetrators. In order to be able to threaten and punish, you must be stronger. Citizens are seldom stronger than other citizens because even the strongest have to sleep. Only a state can be strong enough to counter or avoid violence by way of punishments. It can act as a third party which restricts the conflicting parties. It is above the parties, both because of its impartiality and because of its superior power. This superior power makes it able to enforce a decision on the conflict. Its impartiality means that it is not involved in the conflict and that it has a clear and impartial view of the problem and the possible solutions. The state uses the “security-rights” to control conflicts.

The state controls or limits conflicts and protects the life and body of its citizens in different ways, by punishing violence, but also by using systems and institutions that formalize, ritualize and soften conflicts, for example court proceedings or the democratic power game (the discussions in parliament and the ritualized changing of leaders in a peaceful way make it possible to avoid revolutions and other violent reactions of opposition movements). Security, peace and the protection of life are the first mission of the state and especially of the judicial power and the police, because this mission, once fulfilled, makes all other human activities possible.

Of course, the state has other missions as well. Some of them, such as public life, justice and freedom, are even more important, albeit perhaps less urgent. Urgency, however, is a debatable matter. One could say that public life, freedom or justice should come first because they promote peace and security. Furthermore, it often happens that missions that are more important than peace and security – because they correspond more to human life (after all, animals also want peace and security) – are overshadowed by peace and security (as for example in the theories of Hobbes and Kissinger). This is of course reprehensible, and self-destructive. Too much attention to peace and security can endanger peace and security.

People whose economic rights or whose right to free expression are violated because the rulers think that these rights are less important than peace and security, or that they should be sacrificed for the sake of peace and security, will revolt, and revolt automatically creates insecurity.

The problem is that human rights should do more than just regulate the peaceful coexistence of people with conflicting ideas. They should also regulate public interaction (e.g. culture, art, education, science). For this reason, we should avoid concentrating too much on security. Human rights protect security, not for the sake of security but for the sake of our public life, which of course needs security. However, security alone is not enough, and neither are those human rights that explicitly protect security. Human rights in general and the state acting as guardian of human rights do more than just guarantee peaceful and secure coexistence.

Concentrating too much on security also leads to a narrow view of the nature of citizenship. Citizens are more than people who try to achieve contradictory private interests, who come into conflict with one another, who cause violence and then require a state and rights in order to regain their security. They also create relationships and groups, they try to convince each other, they debate, they express themselves and they try to find a common interest. The state makes sure they can do so, both by limiting violence and by creating the structures in which debate and common actions are possible (structures such as elections, parliaments, court procedures, human rights etc.).

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