The Causes of Poverty (68): Rich People Not Giving Enough Money to Poor People

You can criticize trade policy, immigration restrictions, bad governance or any other commonly cited cause of poverty, but you shouldn’t forget the obvious: there are a lot of wealthy people in the world who could, without losing much wellbeing (due to the diminishing marginal utility of money), help to lift every single poor person in the world to a much higher level of wellbeing.

The fact is that they could but don’t. We do have progressive taxation systems and other means of redistribution, we have development aid, we have charity etc., but none of these things yields enough money to lift everyone out of poverty. And there’s not enough public support to strengthen these redistribution mechanisms. Development aid is already unpopular at current levels, and don’t even start to talk about tax increases. The tireless efforts of Peter Singer and company to promote giving also have only a small effect.

The insufficiency of giving and other means of redistribution is hard to understand, in particular given the fact that rich people are generally not very dumb and able to understand the law of diminishing marginal utility. Of course, I know about loss aversion, the endowment effect, habit formation, the importance of status etc. But again, wealthy people should in general be the ones best able to overcome biases, to distinguish the important things in life from the unimportant, and to see how helping others can be beneficial to ourselves, both psychologically and socially (helping makes you feel good, and living a good life amid misery is socially untenable). But perhaps I’m wrong about rich people.

And then there’s something else stopping us from giving more (or allowing ourselves to be taxed more, which is roughly the same thing), namely the stories we tell ourselves. For example, you often hear that it’s better to allow people to look after themselves first, so that they can create the conditions in which they unintentionally help. Allowing entrepreneurs to get rich – i.e. not taxing them too heavily and not insisting that they should give their money away rather than invest it – will be much more beneficial to the poor. Many of the poor will get a job thanks to them, and their products and services will also make the lives of many a lot better.

However, this is not incompatible with giving. True, what you give you can’t invest, but we can allow people to delay their giving until the day that they don’t need to invest a lot more. The example of Bill Gates comes to mind. So we can accept that there is some truth to the story that free enterprise takes care of a lot of poverty, and at the same time insist that there should be more giving.

Another story we tell ourselves goes like this: giving people money isn’t a very good way of helping poor people. Many of them will just waste it, middle men will confiscate it, third world governments will misuse it, people will become to depend on it etc. Well, that doesn’t seem to be completely correct. Experiments with conditional cash transfers are very promising. And even if it’s correct to some extent, that’s just an argument to be smarter when giving money: invest it in businesses, healthcare etc.

And finally, there’s the story about agency: helping people is disrespecting them as self-authors and self-governing moral creatures. You may make them materially better off – at least in the short run because dependence on help may create motivational problems in the long run – but you take away their dignity and make them psychologically and morally worse off. People may not want to be helped, and even if they do it may not be in their best long term interest. The problem with this story is not that it’s false as such; it’s that people may not have a long term if we fail to help, and that starvation or homelessness is also an affront to dignity, and surely one that is a lot worse than receiving help.

More about giving is here. More posts in this series are here.

The Ethics of Human Rights (65): The Deserving Poor and the Spectacle of Libertarianism Eating Itself

It’s a common right-wing complaint, especially among right-libertarians, that the welfare state helps the poor whether or not they have only themselves to blame for their poverty. If there should be a duty to help the poor, it should be limited to the deserving poor (although some libertarians think that even this goes too far since it implies a form of slavery for those who have a duty to help). All the others should suffer the consequences of their own bad decisions – their teen pregnancy, their lack of effort at school, their alcohol problem etc.

One could reply that people’s bad decisions aren’t always their own decisions, in the sense that making good decisions is something you have to learn, and this learning may be difficult in an environment of poverty, especially during childhood. However, let’s bracket this objection, for the sake of argument, and assume that there are indeed some people who only have themselves to blame. They may not be as numerous as those on the right tend to believe, but even if there are only a few we should decide what to do with them – help them or not.

The criticism that our current systems of social security don’t differentiate between the deserving and undeserving poor is sometimes illustrated with an analogy. If we assume that governments fund their welfare system through taxation, and that taxation is a kind of involuntary charity or enforced charity – the government steps in in order to take the money which we don’t give voluntarily to charity – then it’s only right that the government takes every effort to make sure that our money goes only to the deserving poor. If we voluntarily give money to charity, we also want to be sure that it goes to a good cause, and those collecting our money have a duty to spend it well and not waste in on people that aren’t going to use it constructively. Given the libertarian view that taxation is a form of stealing it’s all the more important that the tax money is spent well; you can perhaps argue in favor of stealing if the harm done by stealing is compensated by the greater good that is done with the stolen money, but you certainly can’t if there is no greater good and if the money goes to undeserving poor who are rewarded for their bad behavior.

Isn’t it especially outrageous to misuse charitable funds if the donors cannot legally discontinue their support? (source)

Now, it’s here that the problem begins and that libertarians who follow this reasoning tend to undermine their own libertarianism. If you want to help only the deserving poor, and if you want to be very strict about helping only those people, then you’ll have to accept systematic and wide ranging intrusions into people’s privacy. How else would you be able to distinguish the deserving from the undeserving? You’ll need detailed biographies of all potential welfare or charity beneficiaries, records of their decisions and behavior, of their job applications, their diet, their sexual mores, etc.

You’ll have to accept these intrusions whether or not you believe that charity is the perfect and only solution. If you believe, correctly I think, that charity will never suffice, then you have all the more reason to be worried, since it’s the state who will have to monitor deservingness. Either scenario is anathema to libertarians.

The distinction between deserving and undeserving poor isn’t only difficult in practice. It’s also theoretically fraught with problems. For example, if you assume that you have a system to find out which poor person is an alcoholic and which one isn’t, then you still have to answer the question whether an alcoholic is an undeserving poor person or not. This answer depends on the causes of her alcoholism: maybe the cause is a series of misfortunes combined with a weak character, in which case her alcoholism is obviously not deserved. Perhaps she deserves blame for her weak character was, or perhaps not. One can easily make the case that a strong character and a good amount of effort and discipline depend on our upbringing and the social circumstances in which we are born. And no one deserve those circumstances.

And finally, even if we can identify the deserving both in theory and in practice, and even if we accept the anti-libertarian consequences of this work of identification, then we can still argue against the claim that we should not help the undeserving poor. Perhaps it’s a sign of decency and civilization that we help even the undeserving poor. Maybe the claims of the undeserving aren’t as strong as the claims of the deserving, and maybe we shouldn’t help them as much or as quickly as the deserving. But that doesn’t mean we should let them starve.

More posts in this series are here.

Economic Human Rights (35b): What’s So Funny About Charity?

I’ve stated before why I believe charity helps to prevent poverty, and why it’s better than government welfare, at least in principle. The welfare state, in my view, is a fallback option when charity fails (as it often does).

The usual argument against this view is that charity is bound to fail because it’s crowded out by the welfare state. People don’t and won’t assist others because they think that they already do enough by paying taxes, whatever the effectiveness or fairness of the tax system. The evidence for the occurrence of crowding out is, however, unclear, and that’s a “charitable” interpretation of the evidence.

Another criticism of charity is closer to the mark:

Charity is counter-cyclical. When the economy is booming and there’s less need, there’s also more capacity. When the [economy] is worse and there’s more need, donations dry up and there’s less capacity. That’s not a criticism of charities: It’s hardly their fault. And nor is it a criticism of the people who donate — or stop donating — to charities. When you’re worried about paying your mortgage, it’s harder to help other people pay theirs. But it’s a big part of why we need a robust, federal safety net that’s immune … from the ravages of the business cycle. (source)

Indeed, as the need for charity rises, the supply diminishes, and vice versa. That is why a theory of poverty alleviation that depends solely on charity is incomplete. However, implicit in this argument is that the welfare state is immune to the business cycle, which is obviously incorrect. A recession means a drop in tax revenues and a simultaneous increase in demand for welfare transfers (there are more unemployed etc.). Hence, a recession means a weakening of the capacity of the welfare system. That’s exactly the same mechanism that makes charity unreliable.

Fortunately, the welfare state can bridge over recessions by going into debt, something that few private charity donors will do. This means that a welfare state can keep its anti-poverty transfers going in times of increased demand for funds and decreased supply of funds.

More on charity here.

Religion and Human Rights (30): Religion, Charity and Cooperation

I’m often very critical of the role of religion in politics and of the harm it can do to human rights, I can see its benefits. One of the benefits is that religious people are more generous and give more to charity. However, the following quote tells another story:

This paper examines the supernatural punishment theory. The theory postulates that religion increases cooperation because religious people fear the retributions that may follow if they do not follow the rules and norms provided by the religion. We report results for a public goods experiment conducted in India, Mexico, and Sweden. By asking participants whether they are religious or not, we study whether religiosity has an effect on voluntary cooperation in the public goods game. We found no significant behavioral differences between religious and nonreligious participants in the experiment. …

In a dictator game, Eckel and Grossman (2004) examined differences in the amount and pattern of giving to secular charities in response to subsidies by self-identified religious and nonreligious participants. The results indicate no significant difference in either the amount or pattern of giving. Tan (2006) used the dictator game and the ultimatum game and similar to Eckel and Grossman (2004) he found that religiosity as a whole yields no significant influence in the experiments. Second, one paper has focused on whether religiosity affects cooperation. Orbell et al. (1992) used the prisoner’s dilemma game to test the hypothesis that religious people are more cooperative. They conducted their experiment in what was considered more religious and less religious towns. They found no general relationship between religious affiliation and cooperation. …

We arrive at the following observations. There are no significant differences between religious and nonreligious participants regardless of what country we are studying. Hence, in line with previous experimental results, we found no supporting evidence for the hypothesis that religiosity enhances cooperation. (source)

Economic Human Rights (34): The Cost of Human Rights, and of Economic Rights More Specifically

Human rights cost money. It’s often claimed that economic human rights aren’t really human rights because they are so expensive for many governments in the world that they can’t realistically impose duties: governments of poor countries can’t be expected to respect a duty to provide healthcare, housing, food, work etc. Ought implies can. You can’t be under an obligation if there’s no way you can honor that obligation. It’s claimed, therefore, that economic rights are mere aspirations rather than rights.

Yet, the same argument can be made about the supposedly more distinguished and respectable freedom rights. It’s strange, many countries in the world can’t manage to create the institutions and the governance to enforce freedom rights, simply because they don’t have the means (and sometimes the willingness), and yet this fact doesn’t make people think twice about the reality of freedom rights.

Providing effective and non-corrupt police forces and judiciaries is expensive. Probably just as expensive as providing a good public healthcare system. True, rights have to be enforceable, and duties shouldn’t be farcically unrealistic. But I fail to see the ontological difference here between freedom rights and economic rights.

We also shouldn’t overestimate the cost of economic rights. The purpose of these rights is not to have a government that gives healthcare, food, work etc. to every single citizen. That would destroy the economy. A system of economic rights will require that most people provide these goods for themselves through work and economic activity. It will also require that citizens show generosity and help each other. Economic rights also create duties for fellow-citizens. The government supplies the goods in the remaining cases, when self-help and mutual help are not enough.

As a result, the cost of economic rights isn’t as high as a cursory reading of these rights would imply. Conversely, the cost of freedom rights is often higher than one would conclude at first sight: true, these rights often require abstinence and forbearance (“don’t invade my privacy or inhibit my speech”) and that’s something cheap. But the enforcement and equal protection of those rights and the enforcement of forbearance requires an efficient government, which is expensive.

Something about another cost issue related to human rights, namely the relative cost of freedom and dictatorship, is here.

The Causes of Poverty (34): Desert

Those who agree that the government should help the poor usually don’t make qualitative distinctions between different kinds of poor people. They only separate the mildly poor from the horribly poor and modify the assistance policies accordingly.

My personal views are similar to these, albeit that I want to promote private charity before and above government assistance. The recent debates about healthcare reform in the U.S. were in essence about one type of assistance to the “poor”, namely those not poor enough to be eligible to existing government programs yet not wealthy enough to be able to buy adequate private insurance. During these debates, Bryan Caplan – a libertarian – proposed to make a distinction between deserving poor and non-deserving poor:

All [the government] needs to do is provide a means-tested subsidy to make private health insurance more affordable for those who need it most. The subsidy should be based on income, wealth, chronic health status … on past and current behavior. People who engage in voluntary risky behaviors – smoking, drinking, over-eating, mountain-climbing, violence, etc. – should receive a smaller subsidy, or no subsidy at all. The same goes for people who failed to buy long-term insurance when they were healthy and employed, then ran into health or financial troubles. (source)

We can broaden this to poverty assistance generally. And we can also expand the argument to a moral one rather than one that is simply about the need, appropriateness or scope of government intervention in poverty reduction, since I believe government intervention in poverty reduction is simply a fallback option in the case of deficient private charity (see here for my argument). The government should step in when individuals and groups fail to honor their private duties towards fellow human beings. The proper question is then: do we, as individuals, have a moral duty to help the poor, directly and through the taxes we pay to the government? I think that’s the case, and if I’m right we should ask if this duty is limited to the deserving poor. In other words, can we ignore the predicament of those who are themselves the cause of this predicament through overly risky behavior, self-destructive behavior, or stupid and irrational behavior?

The affirmative answer to that question has some intuitive appeal. And it’s also coherent with a long tradition in moral philosophy that argues against paternalism as an attitude that protects people against their freedom to damn themselves. However, things aren’t quite as intuitive as this. A duty to assist only the deserving poor requires a clear and unambiguous distinction between desert and lack of desert. I don’t think it’s really possible to decide in all cases, or even most cases, that someone has or hasn’t been deserving. Take the case of a person engaging in systematic over-eating and thereby destroying his or her health and ending up in poverty. At first sight, that person deserves poverty. People are agents with a free will and have a choice to engage in self-destructive behavior. However, we know that education and culture influence eating habits, so the causes of this person’s poverty are far more diverse than simply his or her lifestyle decisions. Even if there is an element of voluntariness in this person’s decisions, at what level of voluntariness do we put the threshold and say that this person does indeed deserve his or her predicament, notwithstanding the effect of outside causes?

There is also a problem of information deficit. People can act in a bona fide way, believing that they don’t act in a self-destructive way, based on the information that they have gathered using the skills that they have been taught. How on earth can you go and judge whether people were sufficiently bona fide? You’d need the KGB to do that, and still…

In addition, there may be a chain of desert: if, through some miracle of understanding and close monitoring, you can determine that a person isn’t to blame for his or her own predicament, maybe you can decide to assist that person but reclaim the money from his or her parents because those parents were undeserving while educating the person. In that case, the least of your problems would be an infinite regress.

Also, given the fact that poverty reduction, because of the regular failure of private charity, isn’t simply an interpersonal matter and that therefore the government will have to step in at some point, do we really want the government to start separating the deserving from the undeserving? Look at the answer of another libertarian, Tyler Cowen:

First, I am worried about a governmental process which first judges the “deservingness” of each poor person before setting the proper subsidy. Do they videotape your life as you go along, or do they convene a Job-like trial when you submit receipts for reimbursement? (source)

So we have a fundamental tension between on the one hand the value of individual responsibility and the need to have people make their own choices and suffer the consequences (if no one has to suffer the consequences of choices it’s hard to call them real choices), and, on the other hand, the need to help the wretched of the earth, even those who may be (partly) responsible for their own wretchedness (I say “may be” because I don’t believe there’s a way to know, not even with a KGB).

The useful thing about this dilemma is that it makes clear that people are indeed in some cases the cause of their own poverty, at least in part. It’s very important to determine the real causes of poverty if you want to do something about it. Helping poor people after they have become poor is just part of the solution. It’s better to prevent poverty altogether, and this dilemma helps doing that because it forces people to see that behavior is a cause. Hence they should be able to adapt their behavior.

The Ethics of Human Rights (28): Private Charity vs the Welfare State

In a previous post, I wrote about my personal views regarding the best ways to help the poor. I favor private philanthropy or charity over the welfare state. Some of the reasons are:

  • The welfare state imposes certain costs on the economy, thereby damaging the prospects of the future poor.
  • Closeness and affinity imply a greater ability to help. And he or she who can do more, should do more (can implies ought). Citizens are better placed than the government to help poor people in their community/family because they better understand the needs.
  • Spontaneous mutual assistance fosters community spirit. Allowing poverty reduction to take place at the level of citizens’ relationships will strengthen feelings of belonging.

When all this fails – as it often will – and only when this fails, can a state intervene and can the welfare mechanisms and redistribution systems based on taxation begin to operate (these merely enforce deficient private philanthropy).

However, some claim that the welfare state crowds out private charity. If you don’t care about private charity and want a government monopoly on care for the poor, you won’t mind if there is crowding out. And if you don’t care about private charity or about government assistance to the poor, you won’t mind either. But I guess most people agree with me that both charity and the government have a part to play (although they may not agree with my chosen priorities). So it’s good to see that

government welfare programs [do not] appear to displace an equivalent amount of private charity. Private giving does not vary inversely with the size of government programs and there is little evidence for a “crowding out” effect. Many private charities, in fact, rely on government funding to some extent. Private charitable giving to the poor, defined in narrow terms, runs in the range of $10 to $15 billion a year [in the U.S.], and few observers believe that this sum is capable of significant augmentation in the short run, regardless of government policy. Tyler Cowen (source)

More posts in this series are here.

The Ethics of Human Rights (27): The Human Rights of Future Generations and Poverty

I’ve argued many times before that poverty is a human rights issue, so I won’t do that again. For those who are not convinced, just assume arguendo that I am right, otherwise the rest of this post won’t make a lot of sense. I’ve also presented my views on the types of duties produced by the human right not to suffer poverty, and on the moral agents that carry those duties: is it a face-to-face thing, or does the government have a role to play by way of redistribution and the welfare state? Etc. You can read about this here and here for instance, so that’s something else I won’t repeat.

I do believe the welfare state is an important institution because it can fill the gap left by deficient private charity. But my view is that private charity should come first and should be promoted. The welfare state should be a fallback option rather than the starting point. So I guess I don’t think it’s as important as people from the left usually think it is. In order to bolster my view, I can point to some problems with the welfare state. In fact, it can be argued that the welfare state is another case of a self-defeating human rights policy, in the sense that it reduces poverty but at the same time produces poverty. Tyler Cowen, in a very interesting paper, has argued that while the welfare state does indeed reduce the levels of poverty of those people currently living (at least if we focus on the level of the state and forget the global impact of the operation of a welfare state in a particular country), it also has a negative impact on the poverty of future generations.

The argument goes as follows. It’s reasonable to accept that economic growth lifts people out of poverty and that the welfare state lowers the rate of economic growth, perhaps not by much annually but small reductions of economic growth over several years may amount to a large cumulative reduction. Now, how does the welfare state lower the rates of economic growth? There are at least four effects:

[1] A welfare state will cause some people to substitute welfare dependency for private work, thus lowering the number of individuals in the active work force or causing them to work less hard. … The poor could be engaging in more productive exchange with other individuals in the economy, but to some extent they desist, for fear of losing welfare benefits. …

[2] The taxes used to support the welfare state discourage taxpayers from working or otherwise creating economic value. …

[3] The extensive welfare states of Western Europe typically are bundled with labor market protections and interventions. It is not politically or economically feasible to give the non-working significantly more risk protection than the working. Western European welfare states therefore tend to create a privileged class of working “insiders,” with high real wages, high benefits, and near-guaranteed positions of employment. This practice, of course, lowers the number of new jobs that are created, limits labor market mobility, and raises unemployment.

[4] [The welfare state] causes the economy to develop new technologies and new ideas at a slower rate. … A welfare state will plausibly have a negative effect on innovation. By withdrawing individual labor from the productive sector of the economy, the rate of discovery is likely to fall. Both the poor and the taxpaying non-poor will work less when a welfare state is in place [see 1 and 2 above]. If we think of research and development, broadly construed, as one kind of work, we can expect the rate of growth to decline. Even if the poor do not participate in ideas production directly, they do so indirectly. To provide a simple example, to the extent it is harder or more costly to hire good janitors, and other forms of cheap labor, fewer research laboratories will be opened. … The welfare state permanently discourages various individuals from contributing to technological development and thus lowers the rate of economic growth in lasting fashion. (source)

One can argue about the importance or even the existence of these four effects, and there may even be counter-effects (welfare recipients may move in the underground economy, unemployment may lead to better parenting and hence better education etc.). But even if the effects are small, it’s sufficient to spread them towards the very long term future in order to produce a lowering of the economic growth rate and an increase in future poverty. Given that the future contains an infinitely large population, the welfare state will always produce more poverty than it eliminates (given that the current population and hence also the current poor are a limited number). That would mean that the concept of the welfare state is doomed. And if that’s the case, it would seem I have proven too much (I merely wanted to buttress my argument that the welfare state should come second, after private philanthropy).

However, I don’t think it’s obvious that we should value the rights of future people the same way as the rights of existing people. After all, these future people may never come into existence. If we try to protect their welfare by giving up the welfare state, we will harm real people for the rights of people who may never exist. Furthermore, the future may bring a novel solution to the poverty problem.

Religion and Human Rights (22): The Proper Role of Religion in a Democracy

For me, as an agnostic, the question of the place of religion in a democracy is an important one, although I believe the question would be just as important if I held a religious belief or if I were an atheist. There’s no doubt in my mind that the full protection of human rights and civil liberties for all citizens can be jeopardized by misconceptions about the proper role of religion. Take, for example, the rights of homosexuals, the rights of non-believers or adherents of other religions, women’s rights etc.

At the most basic level, this is a problem of tolerance. We should not impose our beliefs, moral values and practices on others if these others don’t inflict harm, even if we think other people act immorally from the point of view of our religion. And neither should we discriminate people when they act or speak or think in ways that are incompatible with our own beliefs. These two prescriptions are based on the need for respect. We would show disrespect for other people if we were to force them to act according to our own beliefs. And the need for respect is, in turn, based, on the importance of freedom. Other people value their freedom to act according to their own beliefs. Let’s take two examples:

  • A Muslim father may, as long as his daughter is underage, impose certain religiously inspired rules of behavior on this daughter, and he can even hope that the girl internalizes these rules and respects them for the rest of her life. But when the girl reaches adulthood and chooses to live according to her own rules, she will be protected to do so by her human rights and civil liberties, even against the wishes of her father. The proper role of the religious beliefs of the father has reached its limit. The father should tolerate and respect (which doesn’t mean agree with) the choices of his adult daughter, and the laws of the democracy in which they live will enforce this tolerance and the girl’s freedom of choice if necessary.
  • A Catholic human resources manager in the recruitment department of the army of a democratic country, refuses to hire a perfectly qualified candidate because of her homosexuality. Again, this would be a sign of disrespect on the part of the HR manager and the law should intervene.

But the problem goes beyond the level of relations between citizens. The question about the proper place and role of religion in a democracy isn’t limited to the problem of how we treat each other in our daily lives, how we treat our wives and children, our gay or “infidel” neighbors or employees etc. In a democracy, the people translate their beliefs in legislation and government policy. Hence we should ask to what extent people can use their religious beliefs as the basis or reason for legislation.

Here I take a nuanced position between the two extremes: between a complete lack of restrictions on the role of religion in democratic legislation, and a complete exclusion of religion from democratic legislation. So the question becomes one of degree: to what extent can religion be the basis of law? When is it allowed, and when is it no longer allowed for religious reasons to be the reasons for government coercion?

I think that the problem arises when the legal coercion resulting from religious reasons violates the human rights and civil liberties of individuals, and that any religiously inspired legislation that stops short of such violations is acceptable. Some would say that even legal coercion based on religious reasons that doesn’t violate the rights of individuals is reprehensible, but I don’t agree. An argument in favor of this more restrictive approach could go as follows. Legislation based on religion automatically implies disrespect for people of other religions and for non-believers, since the religious reasons used as a basis for this legislation are likely to be exclusive to a particular religion. Only religious reasons which are sufficiently vague so as not to be exclusive to one religion can then be acceptable religious reasons for legislation. An example: charity can be an acceptable religious reason for legislation, because it’s not a reason that is exclusive to one religion, perhaps not even to religion as such. Laws regarding the sabbath, on the contrary, would not be an acceptable reason for legislation, even if it produces legislation that doesn’t violate anyone’s rights. Or the argument could be that only a law that is supported at the same time by religious reasons and non-religious reasons is acceptable, and that laws that are supported only by religious reasons are unacceptable, even if they don’t violate anyone’s rights.

I think that goes too far. Disrespect should be avoided, but I don’t see why the avoidance of disrespect should automatically override legitimate religious concerns. It’s not even clear to me that there’s necessarily disrespect involved in the use of exclusive religious reasons as a basis for legislation. It’s certainly not the case that such legislation necessarily means forcing one religion on people of other faiths or of no faith. If that would be the case, we would have legislation that violates the rights of individuals (namely the freedom of religion). And that would violate my own rule stated above.

However, legislation that is based on exclusive religious reasons does involve coercing people on the basis of a doctrine that they don’t accept. But, again, if this coercion doesn’t result in rights violations I can’t see what would be wrong with it. Laws by definition force people to do things they don’t accept or to abstain from doing things that are essential to them. I don’t see why there should be laws in any other case.

To summarize, religious people can advocate and – if they are in the majority – implement laws on the basis of their own, exclusive religious reasons, as long as the human rights and civil liberties of all are respected. A religiously inspired law banning same-sex marriage would therefore not be acceptable; a law instituting a religious holiday on the contrary would be acceptable. In the words of Habermas:

The liberal state must not transform the requisite institutional separation of religion and politics into an undue mental and psychological burden for those of its citizens who follow a faith. (source)

On the other hand, religious people should also refrain from imposing a burden on the rights of their fellow citizens.

Some would say that even my rule is too restrictive on religion. For religious people, religion is not only a personal and private conviction but also the law of humanity. Forcing them to forsake the legal implementation of their religious views means taking away their identity, forcing them to be what they don’t want to be. Their religious beliefs are political beliefs and always trump opposing political beliefs. It’s intolerable for them to be forced not to implement their beliefs by way of legislation, or to submit to political decisions that are not based on their religious reasons. It’s indeed a good question: can religious people really accept democracy, given that God cannot be in the minority and God’s commands are absolute and trump opposing majority decisions? Democracy seems to be unacceptable from a religious point of view. However, catering to this view would mean forfeiting democracy, majority rule, the free choice of others, respect for others, freedom of religion, and human rights, and replacing all this by absolute theocracy. I don’t think that’s a price many are willing to pay, and not even many religious people as I argued here.

Economic Human Rights (31b): Certain Objections

Economic rights are a subset of human rights. Put very briefly and simplistically, they are what could be called anti-poverty rights: for example, there’s a right to a certain standard of living, to social security, to work, to fair wages, to healthcare, housing etc.

It’s an understatement to say that there’s no universal consensus on these rights. Some say that these aren’t “real” human rights (like Bill Easterly for example). Others say that these rights are useless or even harmful. Here are a few of the most common objections raised against economic rights.

The big state criticism

Economic rights are believed to require invasion of privacy and hence violations of an important freedom right (freedom rights such as free speech, privacy, habeas corpus etc. are usually distinguished from economic rights, political rights etc.). In order to verify whether people have a right to social security benefits or healthcare benefits, the state has to check people’s income (legal and illegal), their family composition, their health, their medical consumption, their lifestyle etc.

The assumption behind this criticism is that the state is the only or the main party responsible for the realization of economic rights. This is not the case. People in need can call on other people to help. And these other people have a moral responsibility to help. The duties of mutual assistance, charity and philanthropy point to a horizontal aspect of economic rights. People in need do not only have a vertical right to assistance, or a right directed at the state. Their economic rights can be addressed at their fellow citizens, and these have a duty to respect and protect these rights. It’s only when horizontal duties fail that the state should intervene. If we think of economic rights in this way, the dangers of an overbearing state don’t look that ominous anymore.

The rule that economic rights should – in part – be realized by citizens has another advantage as well: economic rights tend to foster community spirit and feelings of solidarity and belonging.

But this insistence on solidarity shouldn’t obscure the rule that people have a responsibility to help themselves and support themselves. This kind of independence is a part of freedom and an important good. Solidarity comes into play only when self-help is unsuccessful or impossible, and the state comes into play only when solidarity is unsuccessful or absent.

Different kinds of duties

Another objection: some say that economic rights, if they are rights at all, are radically different from “normal” human rights – also called freedom rights – and can therefore be given a lower priority (and maybe aren’t even real rights at all). Freedom rights imply duties of abstention or forbearance, whereas economic rights require duties of active help, involvement and intervention. In the case of violations of freedom rights, the remedy is easy: stop doing what you’re doing. In the case of violations of economic “rights”, the remedy is often very difficult if not impossible. If there is no work, no one can give it to me. If a country is poor, no one can raise the standard of living.

When freedom rights are violated, the victim can go to a court and a judge can force the violator to stop his or her actions. When economic rights are violated, it’s useless to go to a court. Not only isn’t there an obvious violator who can be stopped, there is often no one who can stop the violation from happening. Hence it looks like these rights are unenforceable and often have no remedy. Rather than rights, it seems that they are aspirations or policy goals, often long term policy goals.

However, there’s again an erroneous assumption underlying all of this. The distinction between the two types of duties – forbearance and active assistance – isn’t clean-cut. Freedom rights require active intervention by the state in order to enforce forbearance. They require an efficient judiciary and police force. For some states, this may be as unattainable as prosperity. In fact, it’s precisely because of a lack of prosperity that many states are unable to guarantee protection for freedom rights. Of course, the fact that economic rights are a prerequisite for freedom rights isn’t a sufficient reason to call them rights. But neither is it a reason not to call them rights.

Conversely, economic rights often require more forbearance than active intervention. Economic rights in China during the Great Leap Forward would have been better served by state forbearance. All types of human rights require forbearance and intervention. Perhaps economic rights generally need more intervention, but that is a difference in degree and not in essence, and it isn’t a sufficient reason to reject the label of “rights” for the aspirations inherent in economic rights.

Ought implies can

There’s another criticism of economic rights, related to the previous one. Economic rights are said to violate a general rule for rights: ought implies can; there can be no obligation to do something if there is no capability to do it. You cannot have a duty to help someone who’s drowning if you can’t swim yourself. Hence the person drowning doesn’t have a right to be assisted by you. The same is said to be true of economic rights which therefore aren’t real rights. If a poor country doesn’t have the resources to help its poor citizens, then these citizens don’t have a right to be helped.

However, we don’t follow the same logic in the case of freedom rights. Freedom rights also require resources, as we have seen. When a state doesn’t have the resources necessary to protect its citizens’ freedom rights, we usually don’t say that the citizens of such a state have lost their freedom rights. People have rights irrespective of the probability that they can be protected. Or better: the less people’s rights are protected, the more important it is that they have rights. And anyway, violations of economic rights don’t occur because there are insufficient resources but because of an unequal distribution of resource, nationally or internationally. So the “can” part of “ought implies can” isn’t as fanciful as the critics of economic rights believe.

Economic rights are superfluous and useless

This is supposed to be the case because free markets should automatically produce a certain standard of living for everyone that is high enough to realize the goals inherent in economic rights. Free trade, deregulated markets and low taxes cause profits to rise, which in turn means more investments, which in turn means more and better jobs and higher incomes. All boats rise on a rising tide.

Now, it’s my belief that history – and especially recent history – has shown that this isn’t enough. Free markets are beneficial, but they don’t automatically provide high standards of living for everyone.

Economic rights are harmful and counterproductive

This is a stronger version of the “useless” argument. Economic rights are believed to require a big state (see above), high taxes and intrusive regulation. All of this hinders the economy and the creation of wealth. As a result of economic rights, there is less wealth to redistribute, and economic rights therefore undo what they want to achieve.

They are also harmful in another way: they violate freedom rights, especially the right to privacy and the right to property (because of redistribution). We’ve already seen that we can mitigate this risk when we include horizontal duties. But even if this risk is real, why should property and privacy automatically rank higher than the absence of poverty? If we assume that economic rights are real rights, then it’s not surprising to see that they can contradict other rights. Contradictions between human rights are very common. The right to privacy is often in conflict with free speech for example. Sometimes one right has to be limited for the sake of another. So why should this be a problem when dealing with economic rights?

Of course, one shouldn’t dramatize. Economic rights and freedom rights are generally not incompatible. On the contrary, they are interdependent. Freedom for the poor often doesn’t mean a whole lot. But, on the other hand, the squeaky hinge gets the oil: poverty has to have a voice if it is to be eliminated.

The Ethics of Human Rights (16): The Extent of Our Duties Towards the Poor

Not only the state has a duty to help the poor and to protect their economic rights. The individual should also intervene in order to realize the economic rights of his or her fellow citizens and fellow human beings. He or she can intervene in different ways: through caritas or altruism, through trade and exchange etc. (Simply giving the example and inspiring others by way of your own success, as in this cartoon, is not enough).

It is only when these interventions fail or never take place and individuals neglect their duties, that the state must act by way of redistribution. After all, redistribution is a limit on freedom and on property rights (which are very important) and should therefore be kept to a minimum.

I mentioned our fellow human beings. The extent of our duties towards the poor is an interesting discussion in contemporary philosophy. Some say that we have only duties towards our fellow citizens; others that we have a duty towards everyone. Whereas in principle, everyone regardless of borders has the same right to our assistance, there has to be some differentiation in practice. Our duties arising from economic rights are not the same towards everyone. In general, we have more duties towards certain persons than towards other persons. This is because of the principle “ought implies can” (if you cannot swim, then you do not have a duty to rescue persons from drowning), which is a general principle of law and morality. None of us can give material assistance to everybody in need of assistance. We all have a limited amount of resources, and even if we have more than we require for our basic needs, we will not be able to assist everybody.

That is why we have to be selective. Our own children, for example, take precedence. We have more duties towards our children than towards other people. Closeness means that you can do more, and if you can do more, you ought to do more. Can also implies ought. Closeness, therefore, plays a part in the degree of duty, although not in the existence of duty. If we can help everybody, then we have to help everybody. This is especially the case when we transcend the level of individuals. Wealthy groups – for example a wealthy country or a group of wealthy countries – can help many people and maybe even everybody, and hence have a duty to do so.