What Are Human Rights? (42): Individual, Not Individualistic Rights

Opponents of human rights often define them as expressions of the individualism and antagonism that is typical of the West. Human rights are viewed as claims against society made by individuals who want to be left alone and who need rights in order to live their peculiar kind of lives free from the intolerance and interference of the larger community. As such, human rights are believed to be incompatible with, detrimental to or at least utterly useless in non-Western societies that are more collectivist, more communitarian, more focused on harmony and less interested in protecting and fostering peculiar lifestyles.

I don’t want to argue for or against these characterizations of Western and non-Western societies, although I do believe that they are wrong and simplistic. I’m also not expressing myself about the relative moral value of individualism and antagonism as opposed to community. What I want to do here is object to the portrayal of human rights as individualistic rights or as rights that promote individualism. Although human rights are the rights of individuals and not the rights of groups, there’s nothing in human rights that makes societies necessarily more individualistic or antagonistic. Many human rights are designed to protect communities, bind them together, and allow them to co-exist with other communities. That’s the case for the right to religious freedom and the assembly and association rights, but also, perhaps less obviously, for freedom of speech. A major function of speech is persuasion. People speak in order to persuade and bring outsiders into a group that holds certain beliefs. This is even more evident in the case of the right to political participation. I don’t understand how anyone can fail to see the importance of community in the system of human rights.

Human rights even have a collectivist side to them. Collectivism is

any philosophic, political, religious, economic, or social outlook that emphasizes the interdependence of every human being. (source)

Indeed, everyone’s rights are dependent on everyone else’s rights. Few if any of my rights make sense if I’m the only one having them or the only one being able to exercise them. If I can speak but nobody else can, then what is the point of me speaking? I will just be talking to walls. If I have freedom of religion but nobody else has, then with whom will I worship and congregate? If I have a right to a fair trial but everyone else is forced to give false testimony or no testimony at all, then I won’t have a fair trial. Etc. The effectiveness of my rights depends on everyone else having equally effective rights. Individualistic rights are therefore nonsensical.

A remark that’s probably superfluous: I’m in no way defending collectivist politics or disparaging the value of individualism. My point is limited to the proper definition of human rights. Calling them individualistic rights or tools for the promotion of individualism at the expense of community, harmony and belonging is just plain wrong and betrays a lack of understanding of their true nature. On the other hand, pointing to the collectivist strand in the system of human rights doesn’t imply a value judgment about collectivism vis-à-vis individualism. It’s just one strand among many, and one that should be mentioned in order to counter some common mischaracterizations of human rights.

(By the way, Marx as well was guilty of these mischaracterizations).

More posts in this series are here.

What is Freedom? (7): Individual and Collective Freedom

We tend to see freedom as the attribute or right of an individual. G.A. Cohen has argued that this is incomplete at best. Individual freedom is A’s freedom to do X. Collective freedom is A’s and B’s freedom to do X. Cohen gives the example of 10 people locked into a room. There’s only one door, one key, and the door can only be opened once allowing only one person to escape. Any individual is free to leave, but collectively all are unfree. Individual freedom is dependent on the decision of all other individuals and of the collective not to exercise their freedom.

Cohen uses this example to argue that the working class is collectively unfree: workers are individually free to escape the working class, but collectively unfree to do so; capitalism allows only a small number of workers to become capitalists, otherwise there would no longer be any workers left to support it. In general, most workers have no choice but to sell their labor power and remain in the working class.

I’m not interested here in an abstract evaluation of the respective merits of individual vs collective freedom. My point is limited: individual freedom does not make sense when we talk about human rights. What is important is not that individual freedom depends on others or the collective giving up their freedom, but that individual freedom is meaningless without collective freedom. It’s only when the collective is free that individuals are free. Few if any of my rights make sense if I’m the only one having them or the only one being able to exercise them. If I can speak but nobody else can, then what is the point of me speaking? I will just be talking to walls. If I have freedom of religion but nobody else has, then with whom will I worship and congregate? Etc. My individual freedom in the sense of my having effective rights depends on everyone else being free and having equally effective rights, not on everyone else giving up their freedom.

More posts in this series are here.

Why Do We Need Human Rights? (11): The Economic Case against Human Rights and Democracy

Some authoritarian governments claim that human rights and democracy have to be sacrificed for the sake of economic development and economic progress. Here are some of the reasons given in support of this claim.

Discipline in production and consumption

Discipline in production and consumption is believed to be more important for economic growth than freedom. This discipline requires discipline in general in society, and therefore also a strong state. The exaggerated attention to rights instead of duties is incompatible with discipline. Duties are much more useful in economic development than rights. Instead of wasting scarce resources on consumption, people should moderate themselves and resources should be used for necessary investments. In addition, the free choice of labor is less important than the ability of the state to direct labor towards certain development projects. There may even be a rationale for forced labor.

And finally, if you want economic development, wages need to be low, union activity needs to be minimal, working hours need to be long and perhaps you have to turn a blind eye to child labor. None of this is possible in a democracy that tries to respect human rights.

You need a strong state for all of this, able to force people to be disciplined in both consumption and production.

Discipline in politics

You also need a strong state able to implement and enforce long term plans. Economic development requires consistency, coherence, long term planning and so on, all of which is incompatible with democracy and rotation in office. A democracy doesn’t look further than the next election and is unable to plan economic development. Democracy is the national equivalent of the shortsighted consumer spending everything instead of investing for the future. A democratic government will take measures which guarantee the short term interests of electors and elected, even if these measures are detrimental to the long term economic well-being of the nation.

A strong state doesn’t have to fear election results and can focus on long term planning. It has the power to enforce certain measures which are unpopular in the short run—for example because they imply limits on short term consumption, because they redirect funds towards long term investments or because they entail labor planning—but which yield great dividends in the future.

On top of that, human rights promote individualism and egoism because they are claims of the individual against society. Together with adversarial democracy they hamper national cooperation and harmony which are necessary for economic success.

Radical, not temporary, incompatibility

So according to this narrative, political freedom and human rights have to be rejected because they are by definition incompatible with economic development. And perhaps even with prosperity as such: they may not even be a luxury which poor countries cannot afford yet and which are useless when bellies are empty; they are even less than that. If you choose freedom, then not only will it be impossible to escape from underdevelopment – it will be impossible to maintain prosperity.

Rebuttal

Now, what can we say against this? Let’s take the different arguments in turn. If you assume that discipline in consumption and production is a good thing, then you basically create an export dependent economy. It’s well known that domestic consumption drives economic growth (see also here). If consumption is discouraged (and savings and investments encouraged), and if wages are low and working hours long, then you may get an initial boost in the economy, but this is no strategy for long term success. Not only does it imply dependence on exports and hence vulnerability to shocks occurring in the economies of the trading partners; it also keeps living standards low. And that can hardly be the purpose of economic development. China has clearly understood this and is trying to boost domestic demand (see also here).

The utility of child labor is obviously shortsighted – no economy can prosper without an educated citizenry – and the need for planning and long term consistency in economic policy is also a dubious argument. Centrally planned economies aren’t known for their successes. The state is not necessarily the most appropriate engine for development. Investment and planning decisions are probably best left to the market, and those investments that are best done by the government don’t require an authoritarian form of government. I don’t see how a dictatorship is better placed to plan transport infrastructure or energy provision for example. On the contrary even: the lack of transparency in a dictatorship makes it likely that such investments turn out to be corruption machines.

The argument that democracies are too fickle and shortsighted for economic planning and investments is also a bit weak. It’s difficult to deny that a democratic government, because of the way it comes to power, has more legitimacy and is therefore better placed to take difficult and unpopular decisions. People are more willing to accept or live with unpopular policies if they have a government that can be forced to justify its actions in public. Besides, the point is moot because most authoritarian leaders aren’t the long term planners and do-gooders they are supposed to be: most think only of the short term, namely their own short term financial profit.

What about the lack of cooperation, harmony and unity of democracies, and the selfishness cultivated by human rights? First of all, it’s not evident that national cooperation and harmony are best for economic development. Maybe individualism, entrepreneurship, inventiveness and doing things different are more important. And secondly, why would we assume that human rights are necessarily individualistic and selfish? There can never be an exaggerated attention to rights at the expense of duties. There are no rights without duties. And many so-called individualistic human rights create strong groups (freedom of religion, tolerance, freedom of association and assembly etc.).

Also, why would we have to think that democracy is more adversarial than autocracy? The democratic procedures for changing governments create social stability because they help to avoid revolt. Authoritarian harmony is often only skin deep – if it exists at all – because it’s based on suppression of differences. Things that are suppressed have a habit of popping up later in a more violent form.

The point is that human rights and democracy are magnificent weapons in the struggle for economic development rather than a luxury which poor people can’t afford or a false blessing which will render every economic achievement impossible or short-lived.

The Ethics of Human Rights (23): Cultural Relativism, Challenging the Universality of Human Rights

There is no universal agreement on the universal applicability, validity and desirability of human rights. This post focuses on what I believe is a particularly strong attack on the universality of human rights, namely cultural relativism (henceforth CR). I’ll describe it, and then I’ll try to poke a few holes in it.

It’s a strong attack because it’s a moral one. It’s not just about things like national sovereignty, non-intervention or the supposed economic necessity of authoritarian government. Why is it moral? Because it’s about the importance of culture for people and for people’s identity, and because it’s about safeguarding cultural diversity. These are obviously important concerns, but not – as defenders of CR assume – the only or most important concerns (see here). It’s not obvious that concerns about culture, identity and diversity have – automatically and in all cases – priority over other moral concerns, e.g. those inherent in human rights. Yet that is the claim of CR.

CR is therefore a one-dimensional moral theory, or one that fails to take into account different values and different moral concerns. It is also a conservative moral theory: it wants to protect cultures and cultural or national identities against externally imposed change. It’s true that the universality of human rights, and human rights promotion that is based on this notion of universality, sometimes require the modification or abandonment of certain cultural practices. Think for example of FGM. We can limit the possible impact of CR on human rights by stating that this is the exception and that human rights in general targets distinctly non-cultural practices (e.g. corruption, state violence, disappearances, torture, arbitrary arrest, terrorism etc.).

However, let’s assume – for the moment and for the sake of argument – that CR has a residual impact, namely with regard to those cases in which human rights promotion requires modifications in cultural practices. CR draws an analogy between those cases and the experience of western colonialism. Human rights promotion is, according to CR, neo-colonialism. Like colonialism, it destroys cultural identities and cultural diversity. When cultural practices that violate human rights are eliminated following outside pressure, the ultimate result is that all cultures become like the culture of the West. Human rights promotion is the export of western culture, exactly the same thing that happened during colonialism. (I should say that this view defines only one type of CR. Other types argue that human rights promotion harms cultures but not necessarily imposes the culture of the West). The reason for this is that human rights aren’t just legal or moral rules; they are an expression of the individualism and antagonism that is typical of the West and incompatible with the collectivism, harmony and respect for authority that can be found in many other cultures.

I have at least 3 objections to CR.

  • Human rights don’t, by nature, promote individualism or antagonism. Many rights are designed to protect communities, bind them together, and allow them to co-exist with other communities (religious freedom, assembly, tolerance etc.). So if we accept that the West is individualistic and antagonistic, compared to other cultures (which I don’t accept), human rights promotion cannot be the imposition of the culture of the West. On the contrary, under this hypothesis, human rights are rather more typical of other, more communitarian cultures. And indeed we see that some of the values inherent in human rights can be found in different cultures. Also, the fact that human rights are regularly violated in the West (as elsewhere) is an indication that these rights are probably not central elements of the culture of the West (if there is such a thing as “a culture of the West”). The struggle for human rights is more a struggle between different parts of a culture than a struggle between cultures.
  • Another problem is the understanding of change. The cultural change required by human rights doesn’t imply the destruction of culture. It’s just a certain limited number of cultural practices that have to be modified, not the culture as a whole. Most elements of most cultures are not incompatible with human rights, and can even profit from them.
  • And finally, why should the protection of culture be the supreme value? Why should culture always have priority over everything, even human rights? Culture is important to people, but their rights are as well. Accepting rights violations for the sake of culture means that this culture is considered to be more important than the people that are a part of it. Let’s not forget that culture is there for people, not the other way around.

Religion and Human Rights (10): Apostasy

Apostasy (from the Greek word for defection) is the explicit and formal abandonment or renunciation of one’s religion. The word has a pejorative connotation and is mostly used by the adherents or dignitaries of the former religion of the apostate. It is used as a condemnation. Most if not all religions consider defection a sin, which is a normal position for any religion to take. Religions, like any other group for that matter, are communities that quite naturally regret the loss of a member and consider such a loss the concern of all remaining members. They try to minimize such losses and to recover the “lost sheep” and bring them back into the “umma”. The word “apostasy” as such may not be frequently used by all religions, but all religions and all groups know the concept.

However, most religions believe that persuasion is the only legitimate tool to keep members in the group and that the sin of apostasy will be punished by God in the afterlife. Only some, and a certain form of Islam is an example, believe that it is up to man on earth to punish apostates. They make apostasy a punishable offense and these punishments are human rights violations in two different ways. First of all, the punishments themselves often inflict harm on the victims thereby violating their rights to bodily integrity or even life. And secondly, they violate the right to freedom of religion.

Article 18 of the Universal Declaration of Human Rights guarantees the right to change one’s religion:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. (my emphasis)

Islam is often targeted for its treatment of apostates. However, within Islam there are those like Egypt’s grand mufti Ali Gooma, who take a more liberal stance and use the Koran to back up their position. There are three verses in the Koran that are important:

“There is no compulsion in religion”. “Unto you your religion, and unto me my religion”. “Whosoever will, let him believe. Whosoever will, let him disbelieve”.

The punishments for apostasy are often not purely religious. Politics is implicated. When a state identifies with a religion and receives its authority and legitimacy from this identification, it naturally wants this religion to be the majority.

Belonging

Belonging to a group is an important human aspiration. People want to belong to something larger than themselves. Belonging gives them an identity. However, groups not only promote but sometimes also hinder the creation of an individual identity. They can, for example, impose ideological or dogmatic rules, practices or beliefs. While some people may desire enforced conformism, others will see it as contrary to their freedom. For the latter, belonging and identity should be a free and voluntary choice. It is important therefore that membership is free and that people are allowed to leave. Groups exist for the benefit of the members, not vice versa.

The fact that membership of a group is a free and non-final choice is not an expression of individualism. Communities are a very important part of an individual’s life, but not all kinds of communities. Individuals as members of a particular group must be able to decide when this group is no longer important or has become harmful. It is not up to the groups to decide that they are an important part of their members’ lives. Individuals decide which groups are important, which groups they wish to join or to leave.

If individuals, who wish to leave a group because this group violates their rights or forces them to conform, are forced to stay, then one uses the individuals as means for the survival of the group. The survival of a group is dependent on the presence of members. Using people as means dehumanizes them.

Self-defeating

If a religion forces someone to remain a member, it defeats its purpose. Someone who stays within a religion in order to avoid punishment is not guided by an understanding of the genuine value of the religion.

We can coerce someone into going to church but we will not make her life better that way. It will not work, even if the coerced person is mistaken in her belief that praying to God is a waste of time, because a valuable life has to be led from the inside. [Such a] policy is self-defeating. It may succeed in getting people to pursue valuable activities, but is does so under conditions in which the activities cease to have value for the individuals involved. If I do not see the point of an activity, then I will gain nothing from it. Hence paternalism creates the very sort of pointless activity that it was designed to prevent. We have to lead our life from the inside, in accordance with our beliefs about what gives value to life. Will Kymlicka

Cultural Rights (4): Cultural Relativism

Are human rights universal? Or is the worldwide application of human rights the imposition of the culture and norms of the West on other cultures? Universal human rights are said to imply the immoral destruction of other cultures, which in turn diminishes the well-being of the people of those cultures. Identity, especially cultural identity, and a feeling of belonging, are important for everyone’s well-being.

The underlying hypothesis of this theory, which is often called “cultural relativism“, is that human rights are part of the culture of the West, typical of this culture, and compatible only with this culture. They are therefore Western rights rather than universal norms. Under this hypothesis, the worldwide promotion of what we call human rights can be seen as the imposition of the culture of the West. Human rights in this view belong to the cultural identity of the West with its emphasis on individualism and individual freedom. Other cultures have other identities, values and norms. They may cherish harmony and collective goals more than individualism, discipline more than freedom, respect for authority more than democracy, tranquility more than adversarial politics, the afterlife more than free consumption and maximum gratification in the present life, etc. Hence, they will have norms that are different from the norms of the West and different from the application of human rights for every individual. Their norms may even be opposed to human rights.

Respect for the cultural identity and the well-being of other people means that they should be allowed to adhere to these norms and to violate human rights when these rights come into conflict with their own norms. Insistence on human rights, then, could mean disrespect, erosion of cultural identity, and hence also erosion of individual well-being.

According to cultural relativism and its many overt and covert adherents, human rights have a claim to existence in the West, where they are part of the culture and are in accordance with cultural norms and values (such as individualism, conflict, etc.), but not in parts of the world where they are at best inappropriate and at worst damaging to cultural identities and therefore also to people who depend on culture for their personal identity and feeling of belonging.

Is there really a perfect analogy between colonialism and human rights policy, and does the acceptance of human rights necessarily mean the loss of identity and belonging? It is true that respect for human rights must lead to the abandonment of some cultural practices (although in most cases it must lead to the abandonment of distinctly non-cultural practices), but certainly not of all cultural practices and probably not the most important ones. Culture or identity is above all something that is in the mind. What is in the mind cannot cause harm and should never be abandoned. To the extent that culture is part of the mind, it enjoys complete protection by human rights. The extension of human rights will never harm culture in this sense. The freedom of thought is perhaps the most fundamental human right and is an example of the way in which rights protect rather than harm culture. Freedom of religion, tolerance and other values embedded in human rights also protect culture.