The Universal Declaration’s Problematic Rights Justification

Abstract

In this paper I aim to critically analyse the underlying moral justification of the rights enshrined in the Universal Declaration of the Rights of Mother Earth. The aim of the critique is to highlight some of the problematic areas that underpin the Declaration’s rights and in doing so to point to ways that one can begin to rectify the problems with them and the Universal Declaration itself. The paper aims to critically examine the moral justification for the Universal Declaration’s rights, which is found in the works of Thomas Berry and his commentators who use the notion of ‘subjectivity’ to justify the existence of such rights. The paper critically examines such a notion and argues that it is not strong enough to do the work required of it, and that it is too problematic to serve as a justification for the Universal Declaration’s rights, as the ethical framework it provides is too cryptic and indeterminate, and does not provide us with an adequate action- and law-guiding framework upon which to establish the Universal Declaration and its rights.