Types of Human Rights Violations (4): Boomerang Human Rights Violations

We usually see human rights violations are zero-sum: a rights violation is a harm inflicted by one person on another, for the benefit of the former. I mentioned before that this isn’t always the correct way of viewing rights violations, but it’s adequate in most cases. One case in which it’s only superficially adequate is what I would call the boomerang human rights violation: you think that violating someone’s rights may produce some benefit for you, and it does so initially, but the actual and final results mean that you become worse off. There’s the obvious and uninteresting example of the dictator using extreme oppression and causing revolt, but here are some other, more intriguing examples. The first one has to do with the right to work.

Gene Marks is … a small business owner (he sells customer relationship management tools), who is attempting to speak to other small business owners, all of whom, presumably, are also delighted that the potential hiring pool is so chock full of talent desperate to be exploited right now. But one wonders who exactly is supposed to purchase all those products and services from the small businesses of the world, if unemployment creeps up to the 10 percent mark or higher? High unemployment means low consumer demand. Which usually means small businesses end up going out of business, or at the very least, laying off more employees, who push the unemployment rate even higher. And so on. (source)

If, as a “capitalist” (i.e. employer), you want to take advantage of unemployment – or the risk of unemployment – to put downward pressure on wages and workers benefits – and thereby violate workers’ rights (a fair wage is a human right, as are favorable working conditions) – you’ll end up shooting yourself in the foot because neither hard working laborers who don’t earn a lot nor the unemployed will consume many of your products or services. I can see the appeal of the statement that generous unemployment benefits discourage people from finding a job, but such benefits do have advantages that go beyond the mere self-interest of the direct beneficiaries.

An ideal policy … would allow people to collect unemployment insurance indefinitely, and let the unemployed borrow or save money. This way, unemployment insurance would not merely be a financial band-aid letting people take risks on the job market and endure some jobless spells, but a critical source of “liquidity,” allowing the unemployed to keep spending reasonable amounts of money — which in turn helps create demand, something sorely lacking from the economy at the moment. (source)

And here’s another example, related to gender discrimination. In many countries, there’s a son preference: male offspring is considered more valuable than female offspring, for reasons to do with gender discrimination and social, cultural or religious views regarding the proper role of women in society. One of the consequences is the “missing girls” phenomenon. The sex ratios in many countries – India and China stand out – are out of balance. Some estimates say that 90 million women are “missing” worldwide. In somewhat overwrought rhetoric this is called gendercide. Girls are often aborted in selective abortions (a one child policy can make this even more widespread), and young girls are often prejudiced against when it comes to nutrition and health care resulting in higher mortality rates. The son preference and the missing girls phenomenon have their roots mainly in cultural beliefs, but economic considerations also play a role. Some professions are open only to men; girls marry “into” other families and hence can’t continue the family business; there’s the dowry problem etc. However, these economic considerations don’t stand on their own and are often the result of discriminatory cultural beliefs. When we accept that gender discrimination and the will to sustain patriarchy is the cause of the son preference and the missing girls phenomenon, then we are dealing with a human rights violation. And also this rights violation can come back to haunt those responsible for it.

A societal preference for boys here has become an unlikely source of power for Indian women. The abortion of female fetuses in favor of sons — an illegal but widespread practice — means there are more eligible bachelors than potential brides, allowing women and their parents to be more selective when arranging a match. (source)

Rather than cementing patriarchy, the son preference and the resulting unbalanced sex ratios give women more bargaining power. These and other boomerang rights violations are variants of what I’ve called self-inflicted rights violations: people violate other people’s rights, and in so doing they ultimately violate their own rights.

The Compatibility of Freedom and Equality (8): Liberty = Freedom From the State + Freedom From Social Pressure + Equality of Opportunity

Libertarians traditionally adopt a negative kind of freedom, and, more precisely, limited negative freedom: they believe that individuals should be free from interference by the government. They seldom accept that individuals can be coerced by private and social constructs, such as tradition, the family, gender roles, cultural racism etc. Here’s a rather long but exceptionally well-written quote that makes this point:

I am disturbed by an inverse form of state worship I encounter among my fellow [libertarian] skeptics of government power. This is the belief that the only liberty worth caring about is liberty reclaimed from the state; that social pathologies such as patriarchy and nationalism are not the proper concerns of the individualist; that the fight for freedom stops where the reach of government ends. … [L]ibertarians for whom individualism is important cannot avoid discussions of culture, conformism, and social structure. Not every threat to liberty is backed by a government gun. … [W]hen a libertarian claims that his philosophy has no cultural content — has nothing to say, for instance, about society’s acceptance of gays and lesbians — he is engaging in a kind of cultural politics that welcomes the paternalism of the mob while balking at that of the state. …

To take a very basic example, at mid-century 5.5 percent of Americans entering medical school happened to have female bodies. This number may well have reflected women’s limited interest in pursuing medicine as a career. But that level of interest also reflected a particular view of women in positions of authority, a certain range of social spaces that girls could imagine themselves inhabiting. Norms that positioned women as wives and mothers obviously functioned as constraints on identity formation. None of this has much to do with limited government, but it has everything to do with individuals struggling to assert themselves against a collective. …

Libertarians will agree that laws requiring racial segregation and prohibiting victimless, though controversial, sexual practices are contrary to their creed. But if the constraints on freedom of association suddenly become social rather than bureaucratic [or legal] — if the neighborhood decides it does not want black residents, or the extended family decides it cannot tolerate gay sons — we do not experience a net expansion of freedom. Kerry Howley (source)

In other words, libertarians are stuck in the first part of the following equation:

Liberty = Freedom From the State + Freedom From Social Pressure + Equality of Opportunity

But there is also a tendency to go no further than the second part. Many accept that society can restrict the freedom of individuals, but don’t grant the same powers to inequality of opportunity. As I stated in two previous posts (here and here), it makes sense to view freedom more positively as the possession of resources and capabilities that are necessary to make a really free choice between alternatives and opportunities. The freedom of those without certain resources and capabilities (such as education, health and a basic income) is futile because they can’t exercise their freedom, not because they are actively interfered with by the state or by their social environment, but because they can’t choose between opportunities. Someone who’s left alone by her government, and who isn’t pressured by her family, tradition or society, may still lack freedom because she doesn’t have a basic income or education necessary to make choices and realize these choices. Amartya Sen has pioneered this view. Hence the importance of helping people to develop their capabilities, e.g. anti-poverty programs, investments in education and healthcare etc. Of course, it’s precisely such programs that often horrify libertarians…

All this is of course a gross simplification, but if you wanted to explain human political ideology to Martians, that’s probably how you could start:

  • Libertarians focus on freedom against the state; freedom against social pressure isn’t very interesting or at least not a priority; equalizing opportunities, resources and capabilities is harmful because it empowers the state and violates property rights.
  • Conservatives agree with libertarians on the first and last part of the equation, but preserve the right to use social pressure to impose their – often Christian – ideology (e.g. same-sex marriage), sometimes even with the help of the state (in which case the freedom from the state isn’t important anymore).
  • Liberals think all three parts of the equation are important but sometimes struggle to find the right balance. So-called “big spending liberals” may accept a large state apparatus.
  • Socialists focus on the last two parts, often at the expense of the first. State intervention is believed to be highly beneficial, without substantial risks to individual freedom.