Religion and Human Rights (18): Euthanasia

People own their own body. Their body is part of their private property. It is something that is theirs; it is the thing par excellence that is their own. It is not common to several people and it cannot be given away. It cannot even be shared or communicated. It is the most private thing there is. Owning your body means that you are the master of it. Other people have no say in the use of your body; they should not use it, hurt it or force you to use it in a certain way. This underpins the security rights such as the right to life, the right to bodily integrity, and the prohibition of torture and slavery. It also implies the right to self-determination and therefore the right to die.

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.

Migration and Human Rights (14): Migration and Overpopulation

People often, but mistakenly in my view, see two types of links between overpopulation and migration:

  • The pressure to migrate from the undeveloped South to the richer North is mainly if not exclusively caused by overpopulation in the South.
  • The reason why countries in the North restrict immigration from the South is the fear of overpopulation in the North, resulting from immigration. The relatively healthy economies of the North would not be able to withstand the population shock of major inflows of immigrants, especially given the fact that most immigrants are not high-skilled and tend to be a burden on an economy rather than an asset. Immigration needs to be restricted because it means importing poverty.

I’ll try to argue that both these arguments are wrong and that it is a mistake to link migration to overpopulation in these ways. I’ll start with the first point.

Two things are true about the first argument: migration towards developed countries has increased sharply during the last decades (see here), and population growth in the South has been faster than in the North (see here). What is not true, however, is that the latter has been the cause of the former.

Other social and economic factors, rather than overpopulation, have driven migration. Given the highly regulated nature of migration to the North (green cards, other types of labor certification, visa, border controls etc.), it’s obvious that the people who are able to immigrate are not the poor that are supposedly driven out of their own economies by overpopulation. Only the “jobworthy” who are successful at applying for entry-visas can migrate. (See also here.) And the same is true for illegal immigrants, i.e. those bypassing the regulations. They as well tend to be people who have work prospects in the North, or at least enough money to pay human traffickers.

All this also serves to disprove the second argument above: if migrants in general are not the poorest of the poor, then the second argument doesn’t hold.

However, back to the first argument for a moment. Another economic factor driving migration and completely unconnected to population levels, is the globalization of economic production. Employers in developed countries actively look for relatively cheap workers from the South, and technological improvements in communication, transportation and travel are making this easier.

(One could also point to war and violence as driving forces behind migration, but Malthusians would reply that the real driving force is overpopulation, causing first war and conflict, and then migration. There’s a lot to be said against this, but I’ll keep that for another time).

Regarding the second argument, one can make the following counter-claim. Let’s assume that immigration controls indeed serve the only purpose of keeping people out so as to keep the economy healthy and avoid population shocks which the economy wouldn’t be able to withstand. (Of course, immigration controls in reality serve many other purposes, e.g. pampering xenophobes). If we assume this, we should further assume that existing quotas on immigration (quotas as the result of visa policy, labor permits, family reunion policy etc.) are set in such a way that the number of migrants that are allowed into the country is roughly the number that the economy can sustain. Not higher because then immigration policy would defeat its purpose, but not much lower either because then the restrictions would be unjust and arbitrary.

Given these two assumptions, how do we explain the failure of massive numbers of illegal immigration to destroy host economies? Take for instance the U.S. It’s in an economic crisis right now, but nobody in his right mind claims that immigration is the cause. The U.S. economy was booming for years, and at the same time accommodated millions of legal and illegal immigrants.

To sum up, the tidal wave paranoia of the poor masses of the South engulfing the developed world is just another example of Malthusian hysteria. A simple look at population growth numbers make this abundantly clear. Population has indeed grown more rapidly in the South than in the North (partially because of higher birth rates), but only to return to the same proportion as a few centuries ago. The industrial revolution in the North resulted in more rapid population growth, and the South is now catching up. Fears of growing imbalances and “tsunamis of the poor” aren’t based on facts.

Economic Human Rights (21): Sweatshops

Sweatshops don’t have a very good reputation. They impose degrading working conditions, low salaries, and long hours, and they expose workers to harmful materials, hazardous situations and extreme temperatures. In many cases, the workers are young women who are vulnerable to abuse and exploitation – including sexual exploitation – by their bosses. On top of that, many sweatshops violate child labor laws. Hence, sweatshops have been called a form of modern slavery, and not without reason. They indeed look like a microcosm of human rights violations.

Most, but not all, sweatshops are situated in the third world countries, where labor regulations are lax, salaries low and trade unions not very powerful. Third world countries also don’t have a high level of technology intensity in industrial production, making it profitable to employ manual labor. Western companies often outsource high technology factories in the West to low technology sweatshops in the South. In the West, sweatshops also exist, but mostly in the illegal economy.

However, many economists who can’t possibly be accused of heartlessness or indifference when it comes to the problem of global poverty, have defended them. There’s for example Paul Krugman, Jeffrey Sachs and Nicholas D. Kristof. They argue that the alternatives in many countries are worse. Sweatshops may insult our western sense of justice, but that’s because our economies offer in general much higher standards of work. In third world countries, sweatshops are a step forward for many people. Without the opportunity to work in a sweatshop, many of them would be forced into subsistence farming, garbage scavenging, begging or even prostitution. All these alternatives offer lower incomes and worse conditions.

Furthermore, many of the young women working in sweatshops see their employment as a way out of gender discrimination. It’s a form of liberation from the oppressive local and traditional systems in their rural hometowns. They move to larger industrial towns, earn a living, have their own rooms, and as a result they can escape an early (and often arranged) marriage and early motherhood. And without the burden of an early marriage and motherhood, they can develop their education.

Developing countries starting their manufacturing sectors in the form of sweatshops, can expect improvements elsewhere in their economy:

The growth of manufacturing has a ripple effect throughout the economy. The pressure on the land becomes less intense, so rural wages rise; the pool of unemployed urban dwellers always anxious for work shrinks, so factories start to compete with each other for workers, and urban wages also begin to rise. Paul Krugman

So it’s probably not a good idea to try and abolish sweatshops, or to boycott products produced in sweatshops. We may do more harm than good when we force people out of sweatshops and into other types of employment. What we have to do, however, is to promote better labor standards and working conditions in existing sweatshops, and do so realistically. Demanding immediate implementation of western standards is silly, given the level of development of third world economies, and would result in the end of sweatshops. But western companies that use or trade with sweatshops can be pressured to do something about the worst aspects of sweatshop labor.

Economic Human Rights (20): Health and Wealth

A few more words about the relationship between poverty and health. First of all: both are human rights issues. Article 25 of the Universal Declaration states:

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

The concern is that people may find themselves in a trap. Their poverty causes ill health because healthcare costs money, because poverty leads to malnutrition etc. And their ill health leads to further poverty, because they aren’t as productive as healthy people.

The ill health of poor people isn’t a problem only for these poor people. If they were more healthy, they would be more productive and more creative, and the economy as a whole and the wellbeing of society as a whole would benefit. Healthy children are also likely to stay in school longer, and hence will be more valuable to society when they grow up.

There is, of course, some obscurity regarding the direction of the causation: rich countries may be more healthy on average mainly because they spend more on healthcare. But it may also be that they have become rich because their health was improved first. Impossible to disentangle all this, because the “wealth of nations” is the result of hugely complex processes of many forces and counter-forces.

For example, there were some developing countries that benefited from WHO assistance after World War II and from breakthroughs in medication (such as penicillin). These countries, therefore, didn’t improve their health through economic growth and increased wealth. Health improvements were caused by external forces. One result of these health improvements was increased life expectancy, but as a result of this increase, there was population growth that went beyond GDP growth, resulting in declining levels of income per head. After some decades, the economic benefits of having more people in the economy, and reduced birth rates caused by better healthcare (and access to contraceptives), reversed the trend. There’s an interesting study by Acemoglu and Johnson here.

Others, however, have pointed out that this is just a tiny piece of the puzzle, and other factors can push societies in other directions. An increase in the population doesn’t necessarily lead to Malthusian problems. International trade and cooperation for example, but also technological improvements have sharply reduced the possible impact on an economy of an increase in population levels.

Terrorism and Human Rights (7b): Arbitrary Arrest and Guantanamo

All democracies arrest people without a charge or conviction, but they only do so for very short periods of time, usually a very limited number of days. Also, when a charge is filed, democracies want to have a court case as soon as possible. Detention on remand, as it is called, is confinement in a house of detention prior to treatment of a case in court. Generally, this type of detention is imposed, if a person is suspected of a serious crime and if he/she is prone to escape, to tamper with the evidence, to commit further crimes etc. Democracies also want to keep this detention on remand as short as possible, because there is always the risk that an innocent person is imprisoned.

In a well-functioning judicial system, there can be no excessively long detention without a charge or detention on remand. We do not want to incarcerate innocent people. Without a time limit – usually expressed in number of days – detention without charge or detention on remand would be arbitrary arrest. And arbitrary arrest is typical of tyranny. An arbitrary arrest is an arrest of a person without evidence of this person’s involvement in a crime. If there is such evidence, then there can be no problem presenting this evidence within a very short delay, after which the person can be formally charged and a court case can be decide on guilt or innocence, also within relatively short delays. A long delay between an arrest and a formal charge or between an arrest and a court decision on guilt or innocence, would create an injustice if it turns out that the person in question is innocent. The harm done by this possible injustice can be limited is the time frames are short. All this is part of treating people fairly and doing justice.

Article 9 of the Universal Declaration of Human Rights states that “No one shall be subjected to arbitrary arrest, detention or exile”. This is linked to habeas corpus.

Unfortunately, the U.S., still a beacon of democracy and the rule of law, has decided that its war on terror forces it to imitate dictatorships and to detain people, in Guantanamo and other places, without a warrant, without a charge, without a fair trial and conviction, and for indefinite periods. Let’s hope the new administration will close these prisons soon and, if there is evidence, formally charge the inmates.

The government in the U.K., not having an equivalent of Guantanamo, has simply decided to change the period and extend the number of days it can detain people without charge.

The Ethics of Human Rights (14): Is Morality Linked to Culture and Culturally Relative?

Is morality linked to culture? Or, in other words, is morality culturally relative? Does every culture have its own moral rules? This is relevant from a human rights perspective because human rights can be seen as moral rules for humanity. However, if morality is culturally relative, then this is a problem. Universality of moral rules then seems to be impossible and without universal moral rules it is difficult if not impossible to judge the practices of another culture. These practices may seem morally wrong from the viewpoint of the culture of the West for example, but the rules of the West, i.e. human rights, only apply within the morality of the West. Other cultures have their own rules and can only be judged by their own rules. One cannot apply the rules of American football to European soccer or vice versa.

As is often the case, the truth is probably somewhere in the middle. Whereas some moral rules are obviously very specific to particular cultures, other rules are globally accepted (which doesn’t mean respected). It follows that both extremes, imperialism and isolationism, are wrong. Human rights promoters should not go about and destroy cultural diversity, but cultural diversity is not the ultimate goal either. Cultures should not be isolated from human rights criticism. Individual rights matter just as much, if not more, than the rights of cultures. After all, if culture is important, it’s because it’s important for individuals.

The Cognitive Evolution Laboratory of Harvard University has started a project aimed at showing that morality is in essence universal. It has created a moral sense test which everyone can fill in (it’s available here, and takes less than 10 minutes to fill in; you’ll help these people by doing it).

The Causes of Poverty (17): Overpopulation

According to Malthus, food and other resources are limited, and a population growth that exceeds a certain pace will inevitably hit a resource ceiling, and will result in decreasing standards of living, poverty, conflict over scarce resources, famine etc. (This is called a Malthusian catastrophe). Ultimately, population growth will halt because if this, and population levels will return to the “normal” equilibrium possible within the limits offered by nature (the so-called “carrying capacity”).

And if these disasters aren’t enough, active population control is necessary, including measures such as the abolition of social security (social security doesn’t incite people to birth control, see here) and even more extreme policies (many of which proposed by Malthus’ more enthusiastic followers rather than by himself).

Malthus agreed that humanity was capable of increasing its productivity, but believed that population growth would necessarily outpace this increase. The facts are, however, different. Standards of living have risen enormously over the last centuries, notwithstanding large increases in population numbers. GDP growth has even been faster than population growth, giving, on average, every human being more resources than ever before in history. Of course, these resources aren’t equally distributed, but that’s a problem of justice, not of population.

Blaming everything on overpopulation is simplistic. All major problems in life are multi-causal, and population isn’t a real or major cause in many cases (bad governance is often a more important cause). And when it is, population control isn’t the answer. Technology, productivity, consumer adaptation, better governance etc. are more promising solutions.

Income Inequality (9): Absolute and Relative Poverty

The problem of poverty and related problems such as income inequality have received a lot of attention on this blog, because I consider poverty to be one of the most urgent human rights problems. Now and again, I’ve also mentioned the possibility of distinguishing between different types of poverty, and one such possibility in particular, namely the difference between absolute and relative poverty. Absolute poverty meaning the lack of basic resources, and relative poverty meaning income inequality.

I’ve taken the view that absolute poverty is a more urgent priority than relative poverty, and that therefore measurements of income inequality – such as the Gini coefficient – are less relevant than measurements of absolute poverty – such as the $1 a day measure. It’s the absolute income of people that matters, not the fact that other people are richer than you are and can afford more luxuries, at least from a human rights point of view (the absence of a certain minimum amount of basic resources is a human rights violation in itself and renders many other human rights meaningless).

Inequality of wealth or income is less urgent than the fight against absolute poverty, and a lot of opposition to income inequality can be easily categorized as the politics of envy. If inequality really matters it is the inequality of opportunity and other types of inequality not related to wealth (<discrimination for example).

But this is perhaps putting it too strongly. There are negative effects of high levels of income inequality, for example on the adequate functioning of democracy. There is also a correlation between relative poverty and absolute poverty: countries with relatively unequal income distribution don’t score well on absolute poverty measures either.

Richard Wilkinson has pointed out, some time ago already, that relative poverty matters. Once economic growth has pushed up absolute (albeit average per capita) income levels and done away with penury, people tend to be more healthy and live longer if levels of income inequality are relatively low. Countries with lower per capita income levels but also lower income inequality, can do better in terms of public health than high income countries with higher levels of income inequality. Poorer countries with a more equal wealth distribution are healthier and happier than richer, more unequal ones. There’s also a link between inequality (measured not by Gini but by way of the concentration of wealth in the 10% richest people) and both life expectancy and child mortality.

Some of the reasons for this are the stress of living at the bottom of the pecking order, the stress of disrespect and the lack of esteem and respect (including self-respect).

The Ethics of Human Rights (11): Organ Trade

The shortage of organs for transplantation is a universal problem. The supply of organs is way below the demand. And demand is increasing due to progress in medical science and increasing average age. The demand comes mainly from developed countries. The reason is that life expectancy is higher in these countries, and therefore also the demand for organs. Also, the health care system is more developed and hence more likely to engage in transplants.

There are two ways to harvest organs: deceased organ donation, and live organ donation.

Deceased organ donation

In some countries, deceased organ donation is hampered by social, cultural, religious, legal and other factors. In some cases, donors have to state their intent while living. They have to opt in. In other cases, they have to opt out and hence they are donors by default, which tends to produce higher rates of donation.
In other cases still, family members of the deceased have to consent, which brings down rates.

Live organ donation

The use of live donors for non-vital organs such as kidneys and parts of liver, for example, is also practiced, but the purchase and sale of transplant organs from live donors are prohibited in many countries.

Transplant tourism and international organ trade

The shortage of a local supply of organs – due to some of the reasons given above, or a combination – has led to the development of transplant tourism and international organ trade. Poor people in developing countries are often forced to donate a non-vital organ; forced by poverty or forced by outright violence. People are kidnapped and operated under duress, and often don’t even get paid. Sometimes they simply get killed because this bypasses the requirement of consent. Corpses are also harvested, not rarely without the consent of the deceased or his or her relatives. The legality of live organ donations in some countries encourages poor people to sell some of their non-vital organs such as kidneys. However, the circumstances in which they are operated can turn a non-vital organ donation into a fatal one.

Rich people travel to countries where these different kinds of harvesting are possible, legally or illegally, and where hospitals are willing to cooperate in such a scheme and are relatively capable so as not to scare away patients. China is a well-known destination because there’s the enormous supply of thousands of people executed every year.

Although those who can afford to buy organs are obviously exploiting those who are desperate enough to sell their organs, the recipients may also suffer from the trade. They may receive substandard or even sick organs.

Some contend that the poor should be allowed to sell their organs, because we merely contribute to their poverty. Exploitation may be morally preferable to death, but given the risk of forced donation and of complications during surgery, this is a slippery slope.

Someone has aptly called the whole business New Cannibalism.

Other issues

One can also see a trend to declare a person dead at an earlier stage than in the past, for example some seconds after cessation of brain activity or heart activity, rather than minutes. Some organs become useless after a certain waiting period. This means shifting the definition of life and death, and perhaps less reanimation enthusiasm. Another, and opposite form of abuse is keeping brain-dead people artificially “alive” as an “organ warehouse” for future donations.

Also, the use of cloning and designer babies for the purpose of organ production is controversial, as is the use of animal organs.

The Ethics of Human Rights (10): Universality of Rights Through Dialogue

It’s true that most if not all human rights can be found, implicitly or explicitly, in all cultures and religions of the world. However, there’s also cruelty everywhere and universal respect for human rights requires more than simply looking for similarities and making the sum. Unity, consensus and universality will only be the result of hard-fought influence and difficult and prolingued processes of persuasion, not of the simple detection and addition of things that are equal and that exist, as such, independently of each other.

Persuasion, however, implies dialogue, intercultural dialogue for example. One culture or religion can discuss with others and try to convince others that something which is considers to be important is in fact important.This dialogue doesn’t have to be unconditional (dixit Obama) but too many conditions make it impossible. And progress can only be achieved through dialogue.

This kind of intercultural dialogue can engender universality or can at least bring universality somewhat closer, but then it has to be a dialogue between equals. Nobody is persuaded when one of the parties to the dialogue believes himself to be superior, speaks without listening, and considers the other to be “evil” (e.g. part of an “axis of evil” dixit Bush) and a legitimate target of a bombing campaign (dixit McCain).

It also has to be a dialogue where there is at least a possibility that one convinces the other – in both directions. A “dialogue de sourds” – a dialogue of the deaf – cannot create consensus. We must be open to the possibility that those whom we abhor may have something interesting to tell us. And anyway, we have to listen if we want to understand them, and to see why they act the way they act. Only then can we have a chance of changing them.

This means that extreme cultural relativism is not an option. Cultures have to be allowed to influence each other, to open themselves and to mix with each other. Sealing off cultures and keeping them out of each other’s way because of the protection of identities, makes a dialogue impossible. Being persuaded means changing certain elements of one’s identity.

The need to convince one another implies that no one should believe themselves to be in possession of the truth, and of the only correct and just system. It implies self-criticism, and also a certain degree of tolerance, freedom of expression etc. It seems as though the conclusion is implicit in the premises. The attempt to universalize human rights through intercultural dialogue already requires human rights. You cannot hold a dialogue with someone who is intolerant or who is not allowed to speak his or her mind.

A dialogue in this case is not a negotiation. There can be no negotiation on human rights. It is “take it or leave it”, even if one can accept a partial adoption of human rights for strategic reasons (the theory of basic human rights or rights minimalism). Something is not as good as everything, but it is better than nothing.

And an inter-cultural dialogue is even less a conversation, in which one culture needs to convince other cultures, as if some cultures need more convincing than other cultures. Persuasion is a two-way street and at least, as much an intra-cultural affair as an inter-cultural one.

Cultural Rights (12): Collective Rights

Groups, and in particular, minority groups are often attacked, oppressed and persecuted. They are considered to be groups that are separated from the rest of society and that are legitimate objects of targeted attacks such as racism, xenophobia, discrimination, exploitation or even genocide. These attacks are often collective attacks. Persons are discriminated against or killed, for no other reason than their membership of a particular group. Colored people are oppressed because they are colored people.

Some people believe that a collective problem requires a collective solution. A minority that is collectively oppressed claims a collective right to protection, a collective right not to be oppressed. Acts that are expressed in collectivist terms have to be countered by rights using the same terms.

The question is whether it is really necessary or even opportune to solve the collective problems of some groups by way of collective rights or group rights. I believe that the often genuine problems of different groups and minorities (but also majorities) can be solved by applying a number of individual rights, such as the right to equality before the law (a law has to be general and equal for everybody and cannot be directed against or cannot discriminate against certain persons or groups), the right to equal treatment and to equal rights, the right not to be discriminated against, the right to life (in the case of genocide) and religious liberty.

The problem of gender discrimination in a number of Islamic countries is an example of a collective problem that can be solved by applying individual rights. There is no reason to solve this collective problem by adding so-called women’eds rights or collective rights of women to the existing individual rights. Gender discrimination is not a violation of women’s rights. It is a violation of the human rights of women. The principles of equality and non-discrimination are sufficient to solve this problem.

Individual rights are sufficient in all cases, although I have to admit that protecting groups by way of individual rights ignores or neglects the nature of the problem. Only the right of a group (for example, a group of indigenous people) to equal treatment recognizes the existence of a certain kind of discrimination. The individual right to equality, even though it can stop group discrimination, ignores the nature of or the motivation behind the attack on the group, and does not distinguish between individual and group discrimination.

However, the advantage of countering a collective attack by way of an individual right is that the existence of individuals in the collectivity is thereby accentuated. The cause of a collective attack is precisely the belief that a group is a collectivity and a unity, in which the individuals do not count. By using his individual rights to protect a colored person against discrimination, racism or genocide, we accentuate his individuality. He is no longer “just another nigger”, someone belonging to a collectivity, which is a legitimate object of discrimination. Individual rights accentuate the individuality of the person claiming the right, and already hint that there is no reason for discrimination. Discrimination requires collectives and the absence of individuals.

Collective rights do the opposite. Recognizing collective rights can sanction the existence of collectives. It makes thinking in terms of collectives legitimate, it puts the different individualities in the background and it strengthens the opinions of those who oppose and persecute certain collectives.

The Causes of Human Rights Violations (9): Overlegislation and the Big State

I agree that a complex contemporary society needs a complex system of law, and I’m the last one to adopt a libertarian philosophy in which the state is evil (necessary evil or not) and should be kept as small as possible. I accept that the state has a role to play in poverty reduction and redistribution, for example. Laisser-faire leads to injustice.

However, the more rules there are, the more restrictions on individuals’ freedom to act. The rule of law, as opposed to a simple system of legislation, was designed precisely to limit the realm of state action and to open up a realm of society, distinct from the state, in which freedom can rule and laws do not apply. The more laws, the smaller this space of freedom (although one very general and vague law can also reduce this space to nothing). A big state is an enemy of freedom.

The rule of law limits the state and opens up the realm of society in the following way. It limits the number and scope of laws because it allows only laws that are discussed, voted and published according to formalized procedures, and that stay into force until the same procedures result in another conclusion. Moreover, laws in a system of rule of law must respect the fundamental laws, the constitution, and cannot go beyond what is allowed by the constitution (for example civil rights, in a democratic constitution). So the rule of law creates a legal system in which laws are limited and stable. The rule of law therefore creates freedom (from the law) and is incompatible with an ever expanding system of law.

By comparison, the legal system in an autocratic rule by a dictator (as opposed to the rule of law) can result in whatever law the dictator decides, and whatever change in the law he decides (if he bothers at all to use laws for the purpose of his rule). Such a system is inherently unstable, unpredictable, unlimited and expanding.

Another reason why laws should not be too numerous, distinct from the concern for freedom, is that an extensive system of law makes it very difficult to respect the law and without respect for the law, there is no rule of law. People should be given the opportunity to plan their lives in such a way that they can respect the law and can avoid running foul of the law. That’s very difficult when there are too many laws.

Knowing what things the law penalizes and knowing that these are within their power to do or not to do, citizens can draw up their plans accordingly. One who complies with the announced rules need never fear an infringement of his liberty. Unless citizens are able to know what the law is and are given a fair opportunity to take its directives into account, penal sanctions should not apply to them. John Rawls

For the same reason, i.e. giving people the possibility to respect the law, it is also unacceptable to have secret laws, retroactive laws (laws that punish acts that have occurred before the law came into force) and unstable laws (laws that change all of the time). Bad law as well is unacceptable, again for the same reason (by bad law I understand complex, incomprehensible and contradictory law, which are types of law that make it impossible for citizens to respect the law).

Economic Human Rights (6): Health

Bad health and suffering create the same problems as poverty. You have to be healthy and without pain, in order to have a cultural and political life and to be able to use freedom rights and political rights. A sick, suffering or toiling person is thrown back upon himself and unable to relate to the outside world, just as a person who concentrates exclusively on his or her body for pleasurable reasons.

Intense bodily sensations of any kind – positive and negative – shut us off from the world, because they make it impossible to perceive anything except our own body. In other words, they make our public and political life and the use of our classical rights impossible or undesirable.

Hunger and consumption, as well, force you to concentrate on yourself and your body. You do not have the time, the energy or the desire to concentrate on the world. When you are eating or thinking of eating, you are imprisoned in cyclical biological necessities and in your metabolism with nature necessary for the preservation of life. You have to avoid sickness, pain and hunger – as well as their extreme opposites – to be open to the world and fit for cultural and political life.