The Human Right to Subsistence

Is there a human right to subsistence? A satisfactory answer to this question will explain what makes human rights distinctive, what is meant by subsistence, and why subsistence is an appropriate content of a human right. This article situates the human right to subsistence within the context of recent philosophical discussions of human rights. The argument for human subsistence rights provides an instructive example of how to understand what human rights are, why we must affirm them, and how they fit together as a coherent group. I begin the article by outlining the meaning, content, and justification of human rights in general. I then identify the strongest arguments for affirming a human right to subsistence and the most powerful objections to such a right. Finally, I address the worry about human rights inflation and question any minimalist understanding of human rights that would either exclude subsistence rights altogether or limit their scope in certain ways.     

Health (care) and human rights: a fundamental conditions approach

Many international declarations state that human beings have a human right to health care. However, is there a human right to health care? What grounds this right, and who has the corresponding duties to promote this right? Elsewhere, I have argued that human beings have human rights to the fundamental conditions for pursuing a good life. Drawing on this fundamental conditions approach of human rights, I offer a novel way of grounding a human right to health care.     

Another Origin of Totalitarianism: Arendt on the Loneliness of Liberal Citizens

This paper examines Hannah Arendt's notion of citizenship with reference to her account of loneliness in the modern age. Whereas recent scholarship has emphasized Arendt's notion of the “right to have rights” in order to advance her conception of citizenship in the context of global democratic theory, I maintain that this discourse threatens to overshadow the depth of her critical relation to the liberal tradition. By turning to loneliness, I aim to show that Arendt's understanding of citizenship guides a prescient critique of the basic assumptions that underlie notions of citizenship within liberal political theory. On her view, these forms of citizenship do not secure liberty, but instead reproduce the very loneliness that has made modern individuals susceptible to totalitarian domination. With this, I argue that Arendt poses her notion of citizenship as an antidote to loneliness and, thus, to the vulnerability of modern political life to totalitarianism.     

The Politics of Self-Respect: A Feminist Perspective

Recent liberal moral and political philosophy has placed great emphasis on the good of self-respect. But it is not always evident what is involved in self-respect, nor is it evident how societies can promote it. Assuming that self-respect is highly desirable, I begin by considering how people can live in a self-respecting fashion, and I argue that autonomous envisaging and fulfillment of one's own life plans is necessary for self-respect. I next turn to the question of how societal implementation of rights may affect self-respect, and I urge that discretionary rights, which allow people to decline the benefits they confer, support self-respect more effectively than mandatory rights, which forbid people to refuse the benefits they confer. I conclude by examining the import of these contentions for feminist theory. I believe that my arguments are of particular concern to women because women have traditionally been victimized by a mandatory right to play a distinctively “feminine” role which has undermined their self-respect.     

Liberty,Political Rights and Wealth Transfer Taxation

Libertarians famously contend that the minimal state is the most just social arrangement because it secures individual freedoms and basic political rights. They also oppose wealth transfer taxation, i.e. taxation of inheritances, bequests, and inter vivos gifts, arguing that it violates people's right to use their wealth freely. However, as I argue, libertarian opposition to wealth transfer taxation causes practical problems for their commitment to a minimal state, as there is strong empirical evidence demonstrating that wealth transfer taxation is required to secure the political rights necessary for a free and stable society. In other words, I contend that without an effective wealth transfer tax, it will be difficult to ensure political rights and basic freedoms, thus leaving the libertarian minimal state in peril of collapse.     

The Human Right to Free Internet Access

In 2016, the United Nation's General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN's concern that rights that people have offline must also be protected online. While the UN thus recognises the importance of the Internet, it problematically does so selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral human right that requires that everyone has unmonitored and uncensored access to this global medium, which should be publicly provided free of charge for those unable to afford it. Rather than being a mere luxury, Internet access should be considered a universal entitlement because it is necessary for people to be able to lead minimally decent lives. Accepting this claim transforms our conception of the Internet from a technology to that of a basic right.     

Global Justice: Is Interventionalism Desirable?

In 1994, the European Parliament published a resolution on the right of humanitarian intervention. Interestingly, the declaration maintains that such intervention is not in contradiction with international law, although it formulates the concept of right in a way that is translatable into the vocabulary of individual rights. I analyze some implications of the resolution for the mutual duties of states. I thereby focus my attention on two possible applications: by way of Rawls's duty of assistance and by way of the cosmopolitan theory of global distributive justice. I conclude that the latter theory promises better results for protecting individuals' basic rights, but I also show that it is at the cost of a strongly interventionist structure requiring a powerful supranational institution. Finally, I envision the conditions under which such an increase of interventionism in favor of human rights can be acceptable.     

Giving Up the Goods: Rethinking the Human Right to Subsistence,Institutional Justice,and Imperfect Duties

Either a person's claim to subsistence goods is held against institutions equipped to distribute social benefits and burdens fairly or it is made regardless of such a social scheme. If the former, then one's claim is not best understood as based on principles setting out a subsistence goods entitlement, but rather on principles of equitable social distribution — a fair share. If, however, the claim is not against a given social scheme, no plausible principle exists defining what counts as a reasonable burden for any of the available agents to secure subsistence. No justifiable principle exists implying generalised perfect duties any agent could clearly follow or clearly breach that secure subsistence conditions for others. At best we can justify rescue duties under very specific conditions, or general but imperfect duties to improve arrangements. Neither of these obviously correlates with human rights standards. Attempts in the literature to overcome the dilemma by claiming basic rights can correlate with imperfect duties or can generate duties to work towards institutions that ‘perfect’ our imperfect duties, are faulty. I then show how the dilemma can be avoided by accounts of human rights focusing on minimum respectful treatment rather than goods or interests.     

Reclaiming “Natural Partnership and Communication”

The massive scale of forced displacement across the globe discloses the fractured state of the modern international order. Francisco de Vitoria’s theological approach to the law of nations, in the context of the Spanish conquest of the Americas, had a significant influence on this order’s development. This paper argues that recovering his innovative insights today can help refurbish a collective sense of international responsibility for refugees. Vitoria’s bold assertion of indigenous Americans’ dominion affirmed all human beings as members of a world commonwealth with equal claims to basic rights. The “right to travel” he articulated, by its orientation to “natural partnership and communication,” can promote refugee rights and global fraternity.     

The provisionality of property rights in Kant’s Doctrine of Right

I criticize two ways of interpreting Kant’s claim that property rights are merely ‘provisional’ in the state of nature. Weak provisionality holds that in the state of nature agents can make rightful claims to property. What is lacking is the institutional context necessary to render their claims secure. By contrast, strong provisionality holds that making property claims in the state of nature wrongs others. I argue for a third view, anticipatory provisionality, according to which state of nature property claims do not wrong others, but anticipate a condition in which the authority to make such claims can no longer be unilaterally determined.     

Secession: The Case of Quebec

ABSTRACT I argue that people have a right to self-determination when they are plainly predominant in a certain territory and do not violate the civil liberties of minorities. But there is no self-determination without the preservation of self-identity and the cultural preservation that goes with its secure existence. So to preserve autonomy and self-determination people must preserve their cultural identity and this cannot be securely sustained in modern conditions without a nation-state concerned to nourish that identity. Such considerations support a right to secession when certain conditions are met. The conditions are that the people in question have a cultural identity, live in a distinct territory which they have inhabited for a long time, form an extensive majority, and respect the civil liberties of the minorities living in that territory (as well as elsewhere). Where they are such a group they have a right to secede from a larger state to which they are historically attached. These conditions, I argue, are met in Quebec.     

Technology, Demography, and the Anachronism of Traditional Rights

ABSTRACT Theories of the influence of technology on modern Western society have failed to take into account the important role played by a widespread pattern of sociotechnical practice. The pattern in question involves the interplay of technology, rights, and numbers. This paper argues that in the context of an ever more potent technological arsenal and an ever increasing number of individuals who have access to its elements and believe themselves entitled to use them in maximalist ways, adherence to the traditional notion of individual human rights is anachronistic and increasingly problematic for the quality of life in contemporary society. To combat this situation, I criticise the idea of human rights as timelessly valid and offer a contextualised account of these constructs, one able to take on board the implications of their maximalist exercise in a populous technological society. I conclude by illustrating the struggles being waged over the adaptation of human rights to techno-demographic reality in two areas of contemporary Western society: urban planning and medicine.     

The juncture of law and morality in prohibitions against torture

Conclusion The right to be secure from torture, a right that encompasses moral as well as legal strictures against the practice, is supported by increasingly stringent human rights instruments. In this essay, I have discussed the principal instruments and their place in the anti-torture field considered broadly. The phenomenon of these international instruments foreshadows an ever-widening range of legal initiatives against torture, and is emblematic of the increasing importance attached to respect for human life and human dignity. The diversity of international treaties providing against torture such as, for example, The Convention on the Prevention and Punishment of the Crime of Genocide (1948), The Supplementary Convention on the Abolition of Slavery (1956), The International Convention on the Elimination of All Forms of Racial Discrimination (1965), and The International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), indicates the interconnectedness of a wide range of human rights issues.The boundaries that have been drawn around the violation constituted by torture are clearer at present than are those bounding many other rights. Rights commonly categorized as of an economic nature - the right to food and to development, for example - are undergoing processes of definition and implementation. One challenge of this paper is to generate procedures presently attached to such specific human rights violations as torture to rights with less clear parameters. In this way, the growing effectiveness of procedures against torture can serve in the long term to strengthen the bases of international human rights law while in the short term helping to expand the armory of procedures for the protection of less clearly-defined, rights. International human rights law offers a practical tool towards eliminating torture from states' instruments for governing and provides a model for the development of procedures in other categories of rights, while bringing universally declared moral aspirations and legal authority into closer alignment.     

A defense of peace as a human right

Abstract

Recent years have seen increased debate about the contributions that human rights make to the creation of conditions of peace. However, less attention has been paid to the claim that peace itself is a genuine human right. Whereas some critics argue that a focus on rights results in an overly formal juridical account of peace at the expense of a more robust notion of positive peace, others contend that a legal framework of rights is all that is needed to eliminate violent conflict. In this paper I strike a position between these two arguments and articulate a normative defense of the human right to peace embedded within a broader discourse of social justice. I do so by demonstrating that a right to peace is a genuine human right because it satisfies appropriate justificatory tests, including those concerning its scope, the duties it generates, and its economic feasibility.     

Human Rights and the Challenges of Science and Technology

The expansion of the corpus of international human rights to include the right to water and sanitation has implications both for the process of recognizing human rights and for future developments in the relationships between technology, engineering and human rights. Concerns with threats to human rights resulting from developments in science and technology were expressed in the early days of the United Nations (UN), along with the recognition of the ambitious human right of everyone “to enjoy the benefits of scientific progress and its applications.” This comment explores the hypothesis that the emerging concepts most likely to follow recognition of the human right to water primarily involve issues of science and technology, such as access to medicines or clean and healthy environment. Many threats to human rights from advances in science, which were identified in the past as potential, have become real today, such as invasion of privacy from electronic recording, deprivation of health and livelihood as a result of climate change, or control over individual autonomy through advances in genetics and neuroscience. This comment concludes by urging greater engagement of scientists and engineers, in partnership with human rights specialists, in translating normative pronouncements into defining policy and planning interventions.     

Well-Being and the Capability of Health

In this paper, I argue that health plays a special role in the promotion of well-being within the capabilities approach framework. I do this by first presenting a scenario involving two individuals, both of whom lack access to only one capability. The first cannot secure the capability of bodily health due to an unhealthy lifestyle, whilst the second lacks access to bodily integrity due to a life of celibacy. Second, I explore these scenarios by assessing the nature of disadvantage suffered in both instances. I suggest that corrosive disadvantage (or the type of disadvantage that adversely impacts one’s ability to secure other valuable things) is what leads us to conclude that health is of special moral importance in the promotion of justice and the endorsing of well-being.     

The theory of objects

The current debate over the rights of animals has not been wholly satisfactory. Those who believe that animals have no rights argue that it is not conceivable that creatures without human capabilities could possess rights. Those who defend the rights of animals argue that such claims are ‘speciesist’, resemble racist and sexist claims, and bear the marks of moral complacency. Both sides have assumed that the issue can ultimately be settled through an analysis of the concept of rights in isolation from other factors. In this paper I argue that the issue can be discussed more satisfactorily in the context of classical teleological ethical theory which provides a basis for favoring the maximum development of all the more highly organized beings consistent with the diversification of nature. The conclusion is that wild animals have the right not to be eaten and that we should discontinue the wasteful practice of domesticating animals for the purpose of meat production.     

JUST WAR THEORY,HUMANITARIAN INTERVENTION,AND THE NEED FOR A DEMOCRATIC FEDERATION

The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I consider Pogge's and Habermas's analyses as alternatives to Hobbesian conceptions of justice. Second, I consider the core conventions of international law, which are in tension with the primacy of state sovereignty in the UN system. Third, I argue that the just war tradition does not limit just causes for war to self‐defense; it supports saving innocent third parties from crimes against humanity as a just reason for war. While classical authors focused less on this issue, the point is especially clear in twentieth‐century just war theories, such as those offered by the American Catholic bishops, Jean Elshtain, Brian Orend, and Michael Walzer. Against Walzer, I argue that we add intractable military tyranny to the list of horrors meriting intervention if other ad bellum conditions are met. But these results require us to reexamine the “just authority” of first resort to govern such interventions. The Coordination Principle implies that we should create a transnational federation with consolidated powers in place of a treaty organization requiring near‐unanimity. But to be legitimate, such a global institution must also be directly answerable to the citizens of its member states. While the UN Security Council is inadequate on both counts, a federation of democracies with a directly elected executive and legislature could meet both conditions.