The Ethics of Human Rights (94): Spheres of Life

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I was never happy with some of the traditional distinctions in political theory such as state-church, state-society, etc. (The same is true for some traditional equations such as public and state). Don’t get me wrong, I think these two distinctions in particular are very important, but they tend to become simplistic in political discussions.

That is why I would like to propose a new model, which contains the distinctions, but also makes the different spheres overlap. Moreover, it includes an important distinction which is seldom made but very useful when discussing the problem of religious politics in a society which at the same time values religion in politics AND wants to hold on to the separation of church and state: namely the distinction between politics and the state. This distinction also makes it possible to accept a high level of citizen engagement in politics (direct democracy for instance) without abandoning the important distinction between state and society (some argue that direct democracy leads to a blurring of this distinction, and hence leads to an infiltration of the state in society, with totalitarianism as a result).

My model is stylized as a figure composed of squares and numbers. The squares represent the spheres of human life. I identify 7 overlapping or encompassing spheres: private and public life, personal and family life, social life, political life, and the state.

The numbers in the figure represent types of human activities: feelings, thoughts, judgments, relationships and actions.

The model is prescriptive, not descriptive: it pretends to describe an ideal situation, not actual human life. I understand that reality is too complicated to be forced into a simple drawing, but simplifications are often useful.

The gray area in the figure represents the scope of legitimate legislation, again ideally speaking. The whole of the state’s activity should be legislated. No state activity should take place outside of the law. This is the concept of the rule of law. All other parts of life can be partially regulated by law, apart from the purely personal, the activities which do not regard other people and which can never inflict harm on other people (for example thoughts, convictions, suicide, euthanasia etc.). This is John Stuart Mill ‘s Harm Principle.

Some examples of the different types of human activity, linked to the numbers in the figure above:

  1. Feelings of loneliness
  2. Marital infidelity or adultery (in some countries, the grey area would extend to this); Raising children in the family, but not the task of educating children, because education is that part of raising children, which is a public activity (education is the transmission of public knowledge) and is part of number 8
  3. Certain socially determined or guided moral convictions about family life, for example the division of labor in the family (some feminists or egalitarians demand government intervention and regulation in order to establish a more equal division, and according to them the grey area should extend to this)
  4. Certain socially determined or guided moral convictions unrelated to family life, for example convictions about the permissibility of suicide
  5. Gardening
  6. Child abuse
  7. Violence within the family, caused by patriarchy
  8. A sports club
  9. A cultural society, a church, certain political convictions
  10. A school (the government has a right and a duty to regulate education to some extent, hence it is in the grey area)
  11. Political participation outside government institutions, for example electing representatives, voting in a referendum, membership of and activity in a political party, participation in political demonstrations, in pressure groups, in lobbying etc.
  12. Political participation within government institutions, for example participation in local government meetings, in a jury, being an elected representative in parliament
  13. Espionage. Espionage is obviously not a public activity, but it is nevertheless part of public life, because in a democracy, espionage must become public, after the fact. It is a secret activity, not because it should never be known to the public, but because it involves acts that require secrecy, in order to be successful and effective. However, this requirement loses its force a certain time after the performance of the acts, which is why these secret acts can become public after a while.
  14. Administration, government bureaucracy
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What Are Human Rights? (56): Protection Against the State, and Something More

In our current, non-anarchist world, human rights depend on the state for their protection. Judicial courts, the police force and political institutions such as the welfare state and democratic governance are requirements for rights realization. Perhaps in some future state of affairs that will no longer be the case, but presently it is. Which means that human rights are more than just protective tools directed against the power of the state. They are part of the state. Or better they should be. “That to secure these rights, governments are instituted among men” says the Declaration of Independence of 1776. The state should protect its citizens against its own abuses of power (and of course also against the exercise of illegitimate power by fellow citizens, but that’s a topic for another time).

Many if not most violations of human rights are caused by state actions, even when the state in question is relatively benevolent. Power corrupts, and that is why we need rights to limit power. However, without power, rights are useless. Human rights limit the actions of the state, determine what a state is not allowed to do or should refrain from doing, and define those areas where the state is not allowed to interfere. But human rights also, and positively, determine what the state should do. They demand positive action and interference from the state.

For example: the state should not only avoid torturing its citizens, it should also actively protect and help those citizens who are tortured, most commonly by some part of the state but perhaps also by fellow citizens. This means that abstention and forbearance on the part of the state, no matter how important, are not enough. The state also has a duty to act in order to protect rights. And if human rights require that the state abstains, then the state should be actively engaged in enforcing its own abstention. (Needless to say that this implies a separation of powers).

This active engagement can even go one step further. Human rights sometimes require more than actively enforced abstention. What is true for torture is also true for economic rights: the state should not only avoid creating or maintaining poverty but also try to create a minimum amount of prosperity for all. A right not to suffer poverty is an example of a right that requires the obtention of something (although it can also require abstention as in the case of Mao’s Great Leap Forward). Here we’re dealing with so-called positive rights as opposed to negative rights. (In French they call it ”le droit à l’obtention et à l’exigence” as opposed to “le droit à la résistance et à la défense”).Whether you like it or not, the state is often one of the parties that should assist people in obtaining what they have a right to, at least on the condition that there’s no other, less invasive means of obtention.

But let’s not put too much emphasis on this distinction between abstention and obtention, or between negative and positive rights. Every human right, including those rights that seem to demand only the absence of state action, require state action, for example action in the form of a judgement of a court of justice concerning an illegal state action, and the police measures enforcing this kind of judgement. The state should commit, as well as omit; prevent, provide, protect and engender, as well as forbear; and it’s not at all obvious that particular types of human rights systematically need more of one or the other type of state conduct.

Something merely negative, such as abstention, forbearance or a limited state, can never constitute a state, as Hannah Arendt has rightly stressed in “On Revolution”. There is a reason for having a state.

Human rights, particularly in the early stages of their historical development, were considered as primarily directed against the state. This was also the main cause of their initial success. The theory of anti-state rights was inherent in the idea of human rights as natural rights. Natural rights, as opposed to legal rights, are not given by the state and can be used by citizens as an instrument of defense against the state.

However, none of this should make us forget that there is something inherently positive in the state and that rights can’t be entirely “natural”, whatever that means, at least not if we want them to be real and enforceable. As things are in our day and age, it’s often the state and its legal rights that protect us against violations of our human rights, at least ideally and more commonly when the state is a democracy. It does this, not only by passively abstaining, but also by actively doing something.

More posts in this series are here.

Human Rights and International Law (20): Ratifying the Convention Against Torture With the Express Purpose of Torturing Anyway

There’s an interesting paper here arguing

that torturing regimes may deliberately sign the Convention Against Torture intending to violate it, in order to signal to domestic opponents that they are so determined to hold on to power they will torture them in spite of the cost they incur for treaty violations. … “Messrs Hollyer and Rosendorff believe the intent [of signing the treaty] is to show how dedicated the regime is to maintaining power, how much it will sacrifice. But there is another possible signal: the regime shows its opponents that it knows international pressure cannot disturb its grip on power in the slightest”. (source)

[A] regime that tortures its opponents and refuses to sign the Convention Against Torture shows that it fears international opprobrium. A regime that tortures its opponents and blithely signs the Convention Against Torture anyway shows that it fears nothing. (source)

This is the proper occasion to link back to an older post of mine on the difference between normative universality and real universality.

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

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

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

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

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

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

More posts in this series are here.

Crime and Human Rights (5): Decreasing Levels of Violence

Violence is obviously a human rights issue. Violent actions, either by the state or by fellow citizens, violate our physical integrity and personal security. Several articles of the Universal Declaration protect us against different forms of violence: art. 3 protects our right to life and personal security, art. 4 prohibits slavery, art. 5 prohibits torture etc.

Levels of violence throughout history

It’s perhaps counter-intuitive, but violence has been in decline throughout modern history.

Today we are probably living in the most peaceful moment of our species’ time on earth. When the archeologist Lawrence Keeley examined casualty rates among contemporary hunter-gatherers – which is the best picture we have of how people might have lived 10,000 years ago – he discovered that the likelihood that a man would die at the hands of another man ranged from a high of 60 percent in one tribe to 15 percent at the most peaceable end. In contrast, the chance that a European or American man would be killed by another man was less than one percent during the 20th century, a period of time that includes both world wars. … From the Middle Ages to modern times, we can see a steady reduction in socially sanctioned forms of violence. Steven Pinker (source)

This is true for most kinds of violence: war, ethnic conflict, state violence (criminal punishment, torture, repression etc.), war, one-to-one violence (homicide) etc.:

When the criminologist Manuel Eisner scoured the records of every village, city, county, and nation he could find, he discovered that homicide rates in Europe had declined from 100 killings per 100,000 people per year in the Middle Ages to less than one killing per 100,000 people in modern Europe.

And since 1945 in Europe and the Americas, we’ve seen steep declines in the number of deaths from interstate wars, ethnic riots, and military coups, even in South America. Worldwide, the number of battle deaths has fallen from 65,000 per conflict per year to less than 2,000 deaths in this decade. Since the end of the Cold War in the early 1990s, we have seen fewer civil wars, a 90 percent reduction in the number of deaths by genocide, and even a reversal in the 1960s-era uptick in violent crime. Steven Pinker (source)

A cognitive illusion

We tend to believe that the 20th century was the most bloody of all, and that the 21st hasn’t started any better. That’s probably a misconception or “cognitive illusion” fueled by unprecedented information flows. Today, we have magnificent information systems delivering facts, figures and images instantaneously. Compared to that, information about the centuries before is by definition more scarce: few images and newspaper reports, no television reports, less systematic historiography, less durable data sources etc.

That doesn’t make the present-day levels of violence acceptable. On the contrary. Rather than looking at history and concluding that man will always be violent, the recent decreases in levels of violence should encourage us to go all the way. And then it’s important to understand why the levels have gone down.

Why has violence declined?

One reason is undoubtedly the development of the modern state and its judicial apparatus. This apparatus can of course be used to inflict violence, but the risk of this happening has decreased as states have become more democratic, more respectful of the rule of law, and more sensitive to human rights. The democratic nature of many contemporary states has also diminished the risk of inter-state violence (this is the so-called democratic peace theory).

Another, and related, point is that

Thomas Hobbes got it right. Life in a state of nature is nasty, brutish, and short – not because of a primal thirst for blood but because of the inescapable logic of anarchy. Any beings with a modicum of self-interest may be tempted to invade their neighbors and steal their resources. The resulting fear of attack will tempt the neighbors to strike first in preemptive self-defense, which will in turn tempt the first group to strike against them preemptively, and so on. … These tragedies can be averted by a state with a monopoly on violence. States can inflict disinterested penalties that eliminate the incentives for aggression, thereby defusing anxieties about preemptive attack and obviating the need to maintain a hair-trigger propensity for retaliation. Indeed, Manuel Eisner attributes the decline in European homicide to the transition from knightly warrior societies to the centralized governments of early modernity. And today, violence continues to fester in zones of anarchy, such as frontier regions, failed states, collapsed empires, and territories contested by mafias, gangs, and other dealers of contraband. Steven Pinker (source)

Yet another reason for the decrease in the levels of violence is the development of the modern economy. This development has increased the costs of violence. It’s easier to be violent towards your fellow human beings of you live in a subsistence economy and produce everything you need for yourself. When you depend on others for your job and income, your consumption goods, your transport etc. it becomes more costly to act in a violent way towards them. The same can be said of nations: like individuals, nations have become more interdependent in the globalized economy. Acting violently towards other nations has therefore become more costly. Self-sufficiency is no longer an option for nations either.

Yet another reason:

James Payne suggests another possibility: that the critical variable in the indulgence of violence is an overarching sense that life is cheap. When pain and early death are everyday features of one’s own life, one feels less compunction about inflicting them on others. As technology and economic efficiency lengthen and improve our lives, we place a higher value on life in general. Steven Pinker (source)

The Compatibility of Freedom and Equality (4): Freedom as Autonomy

Limits on freedom can equalize freedom. If my freedom is limited by yours, then our freedom is roughly the same. If I’m stronger than you, then a limit on my freedom makes it impossible for me to use my freedom to the detriment of yours. However, the problem of freedom and equality isn’t solved by limiting freedom. Notably the freedom of the poor and the freedom of those who, for one reason or another, don’t have a reasonable set of resources and alternative options to choose from, are still very unequal kinds of freedom. Limiting the freedom of others doesn’t help these people.

The ability to do as you want, limited by those restrictions imposed by the state necessary to ensure that the freedom of one doesn’t harm the freedom of another, does to some extent equalize freedom, but not the freedom of the poor and the freedom of those with a limited set of choices. Another problem is that it is essentially an anti-political freedom. The state is not a place of freedom; the state is a set of institutions which limit freedom.

However, it is my view that the state can be a place of freedom if we understand freedom in another way. Democratic political participation in the decisions of the state (especially on a local level) can be a source of freedom; freedom not necessarily in the sense of the ability to do as you want, but freedom in the sense of autonomy.

Autonomy in this context must be understood as the ability of a group of people, living together, to participate equally in deliberations, and to come to an agreement (by majority vote for instance) on certain matters that shape their living together. It is a more communal and less individualistic notion than the ability to do as you like, since it requires political self-government through democratic participation. It is also closely related to equality since the right to participation is an equal right and the adequate functioning of the decision-taking process requires equal attention to all arguments and alternatives.

Autonomy does not result from the isolated exercise of an individual will outside of state control.  Similar to freedom as self-development – see the previous post in this series – autonomy is mediated through life in a communityFreedom as self-development means that you can only do as you like when you know about the options and when the options appear in public debates, in education and in other circumstance that require a community. Freedom as autonomy profits from the same kind of debate. The advantage of debate in this case is not the clarification and expansion of choice as a precondition of real freedom of choice, but a better decision on things that are common to a group of people.

Autonomy is not a freedom outside of the state. It is necessarily a part of it and cannot survive without it. Autonomy is a kind of self-government. It’s a community that determines the social conditions in which it lives. People usually engage in self-government within some form of state institutions, local or even national. By determining the structures, laws and rules which govern their lives, people govern themselves. So we see that freedom and the state are not necessarily mutually exclusive.

The Compatibility of Freedom and Equality (3): Freedom, Poverty and Public Life

Freedom and poverty

Is the problem of the contradiction between freedom and equality solved by limiting freedom – limiting the freedom of the strong, thereby providing security against the freedom of the strong, and this equalizing freedom? Not quite. I can see at least three problems remaining. The first one is poverty. Poor people can’t do what they want and the laws which protect their physical security against the free actions of others will not help them. Their situation is not primarily caused by the limitations imposed on them by the free actions of others. And the provision of social security is much more controversial than the provision of physical security, which is bizarre given that both kinds of security have the same purpose, namely the equalization of freedom in the sense of the ability to do as you want.

We see here that the state, by intervening and reducing poverty, can promote freedom. People whose basic needs are met have a whole new world of choices and opportunities opened up to them and can move on to more complicated needs. “Freedom from” (in this case freedom from want) creates “freedom to”.

Freedom and public life

A second problem with limited freedom is revealed by the bigot. Take the example of the bigot who isn’t poor but doesn’t want anything else in life than watching sport, drinking beer and shouting to his wife. He can do as he wants, but is he free? Here we see that it may be necessary to redefine freedom and not only to limit it. Freedom means not only the ability to do what you choose, but also, and in the first place, the fact of having significant choices, the ability to expand the options you can choose from, the ability to make an educated choice between examined options and to choose the options which are best for yourself and for the people around you. In other words, freedom is the ability to choose the options which make ourselves better persons and allow us and our fellow-humans to develop.

Now, how do you widen the available choices, and check if what you want is really what you want? Only if all possible options and choices are flooded with the light of publicity and education. When you see which options are available, when you hear people discussing the merits of different options and objects of volition, only then can you make an educated choice.

Freedom and human rights

This publicity, and hence freedom as the possibility to develop your self, requires a legal system. Legally protected human rights for example open up the world of culture, art, science, history, education, etc. They open up the options, show the merits of all options and hence can improve your volition. Constraining rules are also enabling rules. By limiting certain kinds of behavior they make other behavior possible, for example public discussion of objects of volition. Only in a public space protected by legal rights, where everybody is equal and where everybody can speak and listen in an equal way, can we examine our opinions and options and can we self develop. So we see that freedom needs equality in the sense of the equal participation in public life.

The law is necessary for freedom because if there is no external control, then rights will be violated, security rights but also rights which protect the public space in which choices can appear. Some people will be victims of others and will not be free, not in any sense of the word. They cannot do as they like and they have no public life in which to determine what they like. And we can all be victims in certain circumstances. Laws and obedience are not just obstacles or impediments, limits on our freedom or elements of oppression. They are prerequisites for public life and therefore prerequisites for freedom as well because freedom needs public life.

Laws do not only limit the actions of people; they also link the actions of people because they create a public space. And these links make freedom possible. Laws are rules for public life and should not disappear. The state is a mechanism to coerce people, but this is not necessarily negative. On the contrary, coercion creates possibilities. The state creates, by way of coercion, the prerequisites for public life — such as security and human rights — and therefore creates the possibility of freedom.

The Compatibility of Freedom and Equality (2): Limited Freedom

What is freedom? The ability to do as you like

In the previous post in this series, I described the ways in which freedom and equality can be incompatible. I also mentioned that the reason for this opposition has something to do with the way in which we normally define freedom. In the current post, I want juxtapose this standard definition with another one.

Traditionally, freedom is believed to be the absence of coercion and the ability to do as you want. Hobbes gave one of the canonical descriptions:

By LIBERTY, is understood, according to the proper signification of the word, the absence of externall Impediments: which Impediments, may oft take away part of a mans power to do what hee would.

This is a negative definition of freedom because it focuses on the absence of impediments, constraints or limits on actions (limits imposed by other human beings, by the state, by nature or perhaps even by our own passions).

Is this kind of freedom possible? And is it acceptable? It will definitely be a very unequal freedom. If everybody can do as he or she likes, then we create offenders and victims rather than free citizens. Victims obviously cannot do as they like. And we can all become victims. Not even the strongest among us can do as he likes, because he has to sleep now and again and we are weak when we sleep. Unlimited and lawless freedom as in the definition of Hobbes therefore cannot exist, or only in a very precarious fashion. And it should not exist because if it did, most people’s freedom, human rights and other important values such as security would suffer. Hobbes clearly understood this.

What is freedom? The ability to do as you like, within limits

That is why this absolute negative freedom has to be limited. Freedom is always freedom in the state and freedom within the limits of the rule of law. Freedom can only exist together with obedience because only a state with its rules and laws can create equal and durable freedom for all. Obedience to rules opens up a space in which people can be free without fear of insecurity, coercion, domination, intolerance etc. Freedom is, therefore, not incompatible with rules, obedience and coercion.

Strictly speaking, none of this invalidates the definition of freedom as the ability to do as you like without impediments. One can say that the state merely limits our freedom defined in this way, in order to make it safer, more secure and more lasting. So we are still speaking about the same kind of freedom, but now it’s limited.

Much of social contract theory – of which Hobbes is an example – posits a kind of natural, unlimited freedom, a part of which people give up when entering into a contract with a state. And instead of saying that they give up a part of their freedom or their ability to do as they like in order to gain security, one could say that they give up a part of their freedom to make the remainder of their freedom more secure. That’s the same thing. They choose not to do certain things – e.g. break the law – in order to have more freedom to do the other things they want.

According to this definition of freedom, all coercion is bad but some kind of coercion is necessary. If people were always friendly to each other, the state would not be necessary and people would not have to accept a limitation of their freedom. State coercion in the form of laws limits freedom because it forces people to act in a way that is contrary to their wishes. Yet coercion can actually promote freedom. Coercing one person and thus limiting his or her freedom can promote the freedom of other persons. And since we can all be these “other persons”, coercion promotes the freedom of all. Coercion in fact equalizes freedom. It makes it impossible that the freedom of one harms the freedom of another. So it already becomes apparent how freedom and equality are intertwined.

Limiting the limits

However, because of the importance of freedom as the ability to do as you like, the proponents of limited negative freedom want to keep the area of the law and the state as small as possible. Libertarians and conservatives generally believe that the only way in which the state can promote freedom is by guaranteeing the physical security of the weak. The state should only protect the weak against the strong. In this way, it makes it possible for the weak to do as they want. It puts the freedom of the weak on the same and equal level as the freedom of the strong who can do what they want even without protection.

For the rest, they say, the state should not do anything and should keep itself as inconspicuous as possible. It should create an area which is free from state coercion and in which people can do as they like. In a certain sense, this freedom is a stateless freedom even though the state must act to protect it. The area of non-interference must be as large as possible in order to allow freedom to become as comprehensive as possible. Freedom and politics can only go together because and insofar as politics guarantees freedom from politics.

Contrary to anarchists, libertarians and conservatives believe — correctly I think — that the area of freedom or non-interference cannot be unlimited because this would result in insecurity, chaos and war. But in a sense they all believe in unlimited freedom. For anarchists it’s an ideal for the future, for libertarians and conservatives it’s something which belongs to a perhaps mythical past (before the time of the “contract”) and which can only be desirable in the unlikely event that human beings learn to behave and to respect each others security.

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).

What Are Human Rights? (9): Horizontal Rights

It was once said that the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; and those who are in the shadows of life, the sick, the needy and the handicapped. Hubert H. Humphrey

I completely agree with this quote, but what seems to be forgotten is that human rights not only depend on the state. Citizens have a duty to respect each other’s rights, and can do much to hurt or protect these rights. Here’s a post on the subject in relation to economic rights.

True, in many cases citizens do not have enough power to do so, and human rights then depend on judicial and political institutions that in turn depend on the protection of the state. This shows that human rights are more than just protective tools directed against the power of the state. They are part of the state. “That to secure these rights, governments are instituted among men” says the Declaration of Independence of 1776.

Of course, protection against the state is an important function of human rights, and should not be neglected. Many violations of human rights are caused by state actions. Power corrupts, and that is why we need rights to limit power. However, without power, rights are useless. Human rights limit the actions of the state, determine what a state is not allowed to do or should refrain from doing, and define those areas where the state is not allowed to interfere. But human rights also, and positively, determine what the state should do. They demand positive action and interference from the state.

For example: the state should not only avoid torturing its citizens, it should also actively protect and help those citizens who are tortured, either by fellow citizens or by some part of the state.

Economic Human Rights (1): Hierarchy of Duty Bearers

It is probably correct to see in the policy to “outsource” social services to faith-based organizations an effort to undermine the division of church and state and to financially support radical christian organizations with taxpayers’ money. Very likely it is also an effort to promote christianity (by giving organizations money for social services they can more easily proselytize).

However, economic rights should not be viewed as primarily the business of the state, otherwise we will lose both the benefits of self-support (i.e. autonomy) and the community spirit which results from spontaneous mutual assistance. Allowing economic rights to be realised at the level of citizens’ relationships will strengthen the feeling of belonging. The fact that our economic rights are realised in part by our responsible fellow citizens, enhances community feelings and again supports the statement that human rights are not individualistic and do not only deal with the relationship between citizens and the state. Focusing too much on the duties of the state will create a mentality of passive reliance on government support (for yourself and for others) and a mentality of dependence (state help kills self-help). Egoism, isolation, irresponsibility and helplessness will become the main features of society. We will only have rights and no duties, rights moreover which only the government should respect and realise. In order to avoid this, people should be allowed to act responsibly. They should be responsible for themselves and for others, and the state should not take away this responsibility without good reasons (for example the responsibility of parents to care for their children or the responsibility of individuals to find a job).

The state is responsible for economic rights only if everything else fails. Only those who are helpless and who have been forgotten by private philanthropy can call on the state for assistance. In this case, the state does not abstain or does not make laws which forbid something; it executes policies that result in an equal supply of those goods and services necessary for the satisfaction of basic needs. These policies are mainly taxation, redistribution and development aid and can be seen as the enforcement of citizens’ duties. When the state forces you to pay taxes, it forces you to fulfil your duties arising from the economic rights of your fellow citizens (which is why tax fraud and tax evasion are particularly reprehensible crimes: the existence of taxes is already a stain on the reputation of mankind, because taxes exist as a consequence of the fact that people deny their responsibilities). It is the duty of the state to force the people to fulfil their duties, their duty to be self-supporting if possible and their duties towards each other if necessary.