What Are Human Rights? (33): Something More Than Goals

You can often hear the claim that economic rights such as the right to healthcare, food and work are not really rights but merely desirable goals. A first reply would be that all types of rights, not just economic rights, are also goals. Free speech is just as much a goal as healthcare, food and work. But not all goals are rights, so it’s reasonable to ask if economic rights are really rights. What is a right? It can be different things, but it should, minimally, impose a duty. A duty implies feasibility. Ought implies can. There’s no point imposing duties on people which they are unable to respect.

A typical objection against economic rights is that they impose precisely such duties, duties which are not and will not be feasible in many countries in the world. Imposing a right to healthcare, food and work in Somalia, for instance, is imposing an illusion. It’s just too expensive. Hence, because they impose impossible duties, economic rights can’t really be rights. They are merely goals.

Now, I did argue before that the relative expensiveness of economic rights compared to “freedom” rights is often very much exaggerated. Which is why Somalia and other countries have also failed to secure freedom rights successfully. Part of their lack of success is due to their unwillingness to leave people be – which they could at no expense – but another part is due to their unwillingness and inability to fund the institutions necessary to enforce people’s freedom. Yet, no one claims that these failures turn free speech into a mere goal or aspiration rather than a right.

Furthermore, the international treaties that impose respect for economic rights have taken the cost criticism into account. They often frame economic rights in terms of “progressive realization”. Countries don’t violate the treaties if they can show that they have taken all possible measures to ensure the progressive – as opposed to immediate – realization of economic rights.

If we turn rights into goals, we lose a lot. Goals are a lot weaker in terms of moral force than rights. Those who are without food can no longer demand that something is done, that they are the victims of an injustice, and that they have a right to food. All they can do is ask or beg that a certain social goal, one among probably thousands, is taken a bit more seriously.

Finally, is it really so farcical to impose duties that exceed people’s abilities to comply? Aren’t we doing that all the time? It’s common to view “telling the truth” as a moral duty, a very strong one even. And yet, we all know that this exceeds our abilities to comply. We lie all the time, and if you deny this, you’re lying. The best we can do, morally, is precisely “progressive realization”: trying to lie as little as we can, and less than we’re used to. The same progressive realization rescues economic rights as rights: rather than imposing a duty to realize the goal inherent in the rights, they impose a duty to try to realize that goal.

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3 thoughts on “What Are Human Rights? (33): Something More Than Goals

  1. Nicely done.
    But how would we measure progressive realization? It is easier to know when someone’s speech has been denied than it is to know how close they’ve gotten to true health care.

    1. Not always. There are some health indicators that are relatively easy to measure (life expectancy for instance), and free speech may be difficult to measure (how do you measure the chilling effect for instance? that’s speech that can’t be censored since it’s self-censored by the speaker before it’s even uttered).

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