Why Do We Need Human Rights? (27): Do Babies Need Human Rights?

It seems that babies, although they are obviously human beings, don’t have the same rights as adult human beings. Even compared to young children they have less rights. Young children normally have a right to expression. Babies don’t. Because they can’t express themselves (with language) they don’t need a right to expression. Such a right doesn’t even make sense in their case. For the same reason, namely their lack of certain abilities, they also don’t have a right to political participation and self-government (in this respect they are like young children, although there’s a push to lower the voting age or to at least grant children a say on political matters). The same is true for free movement, property and many other rights. Babies’ liberty and equal status are severely limited (they can be force fed, traded etc.).

Of course, you can’t go about and kill or maim babies, so they do have some rights. It’s just that the set of their rights is very small compared to the set that belongs to adult humans. Babies aren’t the only group of human treated in this way. I mentioned young children, but there are also categories of adult human beings whose rights are a subset of the standard set of rights: criminals, immigrants, foreigners etc.

So, it looks like we’re not talking about human rights after all, but rather about different sets of privileges granted to different groups of people according to different sets of criteria. Some groups of human beings have more rights than others, and some may not even have any rights at all (e.g. fetuses, according to some, and to the extent that fetuses count as human beings). And then there’s the opposite case: why not grant certain categories of non-humans also some of the rights which we erroneously call “human” rights? Animals, perhaps, in an effort to avoid speciesism. Or maybe also future enhanced human beings who will no longer be biologically human (or at least not fully biologically human).

Hence, it seems that we should ditch the qualifier “human” from the concept of human rights. Doing so, however, means according too much credibility to the somewhat confused narrative set out thus far (a good example of this confusion is this). The case of babies is different from the cases of criminals and foreigners, which in turn are entirely different from each other. Let’s remember that human rights are tools for the realization of cherished human goals and values (such as peace, prosperity, identity, belonging and knowledge). Categories of persons who don’t – as yet – have those goals or who have decided to abandon them should not be accorded human rights or can, if they want, waive them. Babies obviously belong to this group: they can’t waive their rights, but they clearly don’t need them. Migrants and criminals are different. They usually don’t waive their rights and neither are they in a position in which they objectively don’t need them. The case for limiting their set of rights is therefore a lot harder to make.

Why Do We Need Human Rights? (16): You Always Hurt The Ones You Love

Inflicting suffering on people is wrong. This simple and basic moral rule is a large part of the justification of human rights (although there are many other justifications). And yet, the parents among us – the large majority of human beings – simply by bringing children into existence, guarantee that those children will suffer. No life is without suffering. And they do so wittingly and willingly. So ignorance or impotence do not excuse this imposition of suffering. These children don’t get born because they have a right to be born. Non-existent people don’t have a right to come into existence. The opposite sentence would have some really scary and dizzying consequences. They are born because of parents’ choices. And those are informed choices. We all know that no life, not even the best one, is without suffering. Hence, the parents are, to some extent, responsible for this suffering (read more about the chain of causation here).

The fact that people keep reproducing without so much as an ounce of remorse, indicates that the willful infliction of suffering is an acceptable part of life, even if it is an infliction upon those closest to you. Perhaps we can explain this strange fact by the generally rational belief that the good that comes out of life compensates for the suffering we inflict on our children. Life’s suffering is just the price to pay for a greater good. Overall, most people do indeed find life worth living, notwithstanding the occasional suffering. Otherwise suicide would be much more common, I guess. But that kind of cost-benefit analysis is something we usually find repugnant. Many of us shudder at the decision to incinerate thousands of Japanese in order to end WWII.

But perhaps this cost-benefit analysis is much more acceptable when the cost for one persons isn’t intended to benefit another person. In our topic, the costs and benefits that are weighed against each other are for one and the same person. And yet, it’s not this person that does the weighing; it’s her parents. This is a case of literal paternalism: we decide for another person that some harm we do to her is necessary for a greater good. Like we decide that people can’t smoke cannabis (doing so is imposing a harm) because we believe that it’s in their interest and for their benefit. And paternalism is generally only acceptable when dealing with children, and with children as long as they are children. When reproducing we of course also inflict suffering on our children when they are grown up.

Limiting Free Speech (35): Publishing Lists of Pedophiles on the Internet, Ctd.

A follow-up from this previous post on the same subject. We should of course do our utmost to protect people, and especially children, from sexual predators. In the U.S., and to a lesser degree elsewhere, “utmost” means publishing so-called “registries” of sex offenders on the internet. These registries contain the names, addresses and offenses of people convicted for sex crimes. The purpose of the registries is to inform people about the whereabouts of convicted sex offenders and allow them to take measures to protect their children. (A few examples of registries are here, here and here; some of those are government sites, others are not).

By definition, since the purpose is protection, these registries should contain only information on people who are likely to offend again, and to offend in a way that is dangerous to children (and possibly adults). People who have been convicted in the past but are not deemed to be possible repeat offenders, or people convicted for sex crimes that are not dangerous (flashers for example) shouldn’t be included, but regularly are.

These registries are an exercise of free speech. The question here is: should they be allowed, or are they doing more harm than good? In other words: should this case of freedom of speech be restricted in order to protect other rights? (we’ve seen before how human rights can be limited when they come into conflict with other human rights). Which other rights could possibly be harmed by this exercise of free speech? One could say the right to privacy of the offenders (it’s not because you’re a convicted criminal that you automatically lose your right t privacy). But that’s not obvious. Someone’s address and criminal record aren’t private information. So registries of sex offenders aren’t, by definition, violations of the right to privacy. Hence, the right to free speech of publishers of such registries can’t be limited because of the right to privacy of the offenders.

But there are other reasons why the rights of those publishers can be limited. Registries can (and did) lead to

  • harassment of offenders, violent attacks and even murder
  • ostracism, including their family members and children (some registries even have button to print a mugshot that can be posted on the offenders’ doors)
  • violations of their right to freely choose a residence: they are either chased away, or legally prohibited from living near certain places (schools, playgrounds…); sometimes these prohibitions are so restrictive that people are forced to be homeless (in Miami, exclusion zones have created a camp of homeless offenders under a bridge)
  • violations of the right to work: people whose names are in registries are often fired from their jobs or have difficulties finding a job.

These are obviously rights violations that are serious enough to at least make us consider whether the right to free speech of the publishers of registries should be maintained.

And even the right to privacy can become a problem. As noted, addresses and criminal records aren’t private. However, many registries contain a lot of “noise” – people who do not pose any threat (some U.S. states requires registration of people who have visited prostitutes, who have had consensual sex as teenagers etc.). Not only does this label harmless people as “predators”, with often devastating consequences for them. Another result of this noise is that the registries become useless. As a consequence, those who defend the registries ask for more information to be included so that they can judge which “predator” is a real one:

I agree that a man who exposes himself to a woman may not pose the same danger as a convicted child-molester or rapist. All represent a threat, however, so the solution is thus not less information but more detailed information. Give me the facts about the offence and let me decide the level of risk to me and my family. As the parent of two young children I would like to know who my neighbour is going to be before I buy that new home. Adrian Kendall

Taken to its logical extreme, such a view will defend putting everything “bad” about everyone in a super-register. Perhaps registries could be used on a need-to-know basis only.

Children’s Rights (9): Child Soldiers

From Amnesty International:

Approximately 250,000 children under the age of 18 are thought to be fighting in conflicts around the world, and hundreds of thousands more are members of armed forces who could be sent into combat at any time. Although most child soldiers are between 15 and 18 years old, significant recruitment starts at the age of 10 and the use of even younger children has been recorded.

Around the world, children are singled out for recruitment by both armed forces and armed opposition groups, and exploited as combatants. Easily manipulated, children are sometimes coerced to commit grave atrocities, including rape and murder of civilians using assault rifles such as AK-47s and G4s. Some are forced to injure or kill members of their own families or other child soldiers. Others serve as porters, cooks, guards, messengers, spies, and sex slaves.

Limiting Free Speech (21): Publishing Lists of Pedophiles on the Internet

I know from experience that it’s not useless for a human rights defender to make this clear from the start: sexual activity with children is despicable and must be punished severely, but this punishment doesn’t imply the abandonment of all human rights by the convicted pedophiles. When you’ll read the rest of this post, you may rush to the conclusion that we pay more attention to the rights of criminals than to the rights of victims. Nothing is further from the truth.

My point is that the practice of publishing lists of pedophiles on special websites on the internet (also called “outing pedophiles”) may be well-intentioned but it is inappropriate and even dangerous, especially when such lists include addresses of pedophiles who have been released from prison and have done their time.

It’s not because you’re a convicted pedophile that you lose all your human rights, including your right to privacy. Of course, the fact that you are or have been a pedophile isn’t a private fact. You have been convicted in an open and fair trial, and hence your crime is in the public domain. There’s no reason to keep judicial verdicts secret. On the contrary. The facts of your crime may also be very relevant to people not immediately concerned with the crime or the trial, such as the children of your new wife. And perhaps your new neighbors should be informed, especially when there’s a risk that you’ll repeat your crime. (But then why have you been released?)

So the information regarding your crime isn’t private, and can be used in a targeted way to inform people who may need to know. But there is a difference between a fact being part of the public domain (and circulated in a targeted way), and the use of this fact in a sensationalist manner, by people who will never have anything to do with you, and directed at people who likewise will never be involved. (A very large majority of child molesters attacks relatives or the children of friends).

Your crime isn’t private, but what can be gained by publishing your whereabouts and informing people who will never be likely victims? It seems to me that websites that publish the whereabouts of pedophiles are part of a retrograde style of “justice”, in which it is important to name and shame, to publicly expose a felon, and ridicule him or her. And when the public starts to react, and start to call the alleged pedophiles to see “if they still rape children”, then there is an unjustified invasion of privacy. And maybe other rights will suffer as well, such as the right to physical security and bodily integrity of the pedophiles. In certain cases the “naming and shaming” amounts to incitement to violence. There have been cases of attacks on pedophiles following the publication of their names and whereabouts.

I suspect that the people who create these sites, rather than “protect the public”, intend to whip up a scandal, and hopefully get some attention. They also imply that the justice system is inadequate, and they want to cultivate public mistrust in institutions and politics. Institutions are never perfect, but fostering negativity isn’t the way to make them better.

Another problem: the lists that are published often contain people who are merely accused of pedophilia (and not yet convicted), or people who are, to some, suspicious. Imagine what it must be like for an innocent person to appear on such a list. A court deals much better with the presumption of innocence than an angry mob.

The rationale behind rules prohibiting the outing of pedophiles, and explicitly limiting the right to free speech of the “outers”, is the protection of the rights of the pedophiles (such as the right to privacy, inviolability of the home, and physical security). Some may find it difficult to accept that pedophiles have rights, and that some people pay attention to these rights, rather than to the rights of the victims. But it is fair to say that a defining part of our shared humanity is precisely the limits we impose on the ways in which people can be punished.

And, of course, we do pay attention to the rights of victims. That is why pedophiles are put into prison. And we have to try to balance the pedophiles’ rights against those of their victims and possible victims even after they leave prison. That is why I stated above that it should be possible to inform neighbors and new family members. This kind of information is a limitation of certain rights of pedophiles – such as the right to form a family, the right to choose a residence etc. – for the sake of the rights of possible victims. We rightly believe that such limitations are less harmful than a new attack on children.

So-called zoning laws are also justified in certain cases. Pedophiles are then prohibited from entering a certain zone, or loitering and living in a certain zone (e.g. close to schools or playgrounds). These laws limit the right to choose a residence and the right to freedom of movement of the pedophiles in question, but if there is a high probability that these laws will prevent future attacks on children, then they are justified because the rights of the children that would be violated by an attack are more important than the cited rights of the pedophiles.

Of course, zoning laws aren’t always the answer, and may create more problems than they solve. They can make it harder for law enforcement officers to keep track of the pedophiles, and make it harder for the pedophiles to receive treatment for their condition. Hence, zoning laws may be counter-productive.

Children’s Rights (2): Child Labor

Child labor not only keeps children from attending school. It often harms them physically and mentally. It is therefore a double problem from the point of view of the human rights of children.

  1. It denies them the education that they need for the exercise of and struggle for their human rights. Without education the freedom of thought and opinion becomes rather academic since thought and opinion requires a certain level of education. Political participation without literacy is also quite difficult. Without education people will find it difficult to struggle against rights violations and to find meaningful work when they are adults. So child labor can have lifetime consequences for human rights.
  2. The conditions in which children have to work often lead directly to violations of their rights, such as the right to good health. Moreover the kinds of jobs children have to do are often extremely stultifying, creating feelings of insignificance and hopelessness, with disastrous consequences for their personality and future development.

Legal aspects

The Universal Declaration of Human Rights, in article 26, includes the right to education and hence, implicitly (not explicitly), the prohibition of child labor since the two are incompatible. Article 10 of the International Covenant on Economic, Social and Cultural Rights states, rather carefully in order not to frighten away developing countries who might otherwise not have accepted the treaty:

“Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law”.

The Convention on the Rights of the Child provides the strongest legal language prohibiting illegal child labor but does not make child labor illegal.

Numbers

The International Labor Organization estimates that 246 million children between the ages of 5 and 17 currently work (or about 15% of the world’s children, about 35% of children in Sub-Saharan Africa).

They work in very different industries but mostly in commercial agriculture, fishing, manufacturing, mining, parents’ business and domestic service either at home or in other homes, in factories, sweatshops, fields, tourist attractions etc. Some children work in illicit activities like the drug trade and prostitution or as soldiers. Often their situation is aggravated by child slavery, child trafficking, debt bondage and forced labor.

Where?

In Western countries, child labor has gradually died out. It was common during the industrial revolution (and before) when children as young as four were employed in factories with dangerous working conditions, but labor laws, education laws and technological progress (and some say colonialism) have caused its disappearance.

From Unicef:

Sub-Saharan Africa is the region with the worldwide highest share of child labourers. In the 18 countries in this region with data on child labour, 38 percent of all children between 7 and 14 years of age are engaged in work that can be considered harmful to their development. Among these children, slightly more than half (20 percent of the total) also attend school while another 18 percent are only engaged in labour. Overall, 60 percent of all children between 7 and 14 years attend school. 21 percent of all children are neither in school nor do they engage in labour. These children may, however, perform work that is not considered labour, for example household work for less than 28 hours per week… [T]he share of child labourers among girls is the same as among boys, about 38 percent. On the other hand, the area of residence is strongly associated with child labour: rural children (43 percent) work much more than urban children (25 percent).

Why?

It’s often the poverty of their parents that forces millions of young children out of school and into work. But companies obviously also have an interest in hiring children. Children earn less, are less vocal defenders of their rights, are more easily forced to accept certain “work procedures” etc. For some professions, the anatomy of children also gives them an advantage compared to adults (mining for instance). Many companies, including Western multinationals, often find the temptation too hard to resist, and the consumers engage in moral complicity when purchasing products assembled or manufactured in developing countries with child labor. Consumer boycotts of such products, however, without compensating measures such as the provision of education for the children in question or benefits to poor families, may simply result in an even worse situation when children are forced into other labor activities, often more hazardous or detrimental.

A child may sometimes consent to work if, for example, the salary is relatively attractive, but such consent may not be informed consent. Child labor may still be an undesirable situation for a child in the long run.

Economic advantages of the abolition of child labor

Child labor undermines the general economy because it lowers general labor standards and wages for all workers (adult workers often suffer from unfair competition since they normally would be paid more and are generally more vocal about their labor conditions). It may have a short-term beneficial effect on a country’s international competitiveness because it allows countries to produce at lower costs and with fewer regulations, but internally in the country it affects the general labor standards and work force.