in German published 2018-05
The first written document dealing with human rights originated very
early on in history. In 539 BC Cyrus conquered Babylon. He freed the slaves,
declared that all people have the right to choose their own religion and
created racial equality. These and other decrees were inscribed on a baked-clay
cylinder in Akkadian cuneiform.
In 1215 the Magna Carta was written in England and in 1628 the Petition
of Rights. These documents aimed to protect the individual from the arbitrary
power of the rulers.
In 1787 came the US Constitution, in 1789 the French Declaration of
Human and Civil Rights and in 1791 the US Bill of Rights.
In 1948, the Universal Declaration of Human Rights was adopted by the
United Nations. These 30 articles of human rights are certainly an important
step towards a better and more humane world.
However, are the human
rights as stated in the documents above valid for all time and universally? Or
can they be viewed critically?
Are they carved in stone and as sacrosanct as the tablets of law that
Moses received on Mount Sinai?
I believe that human rights can be changed and adapted. The same applies
to international law and the Geneva Refugee Convention.
We shake our heads when we
hear that many US citizens believe that owning and carrying weapons is a human
right.
But there are also rights that are missing in the 30 articles. There is
no article that guarantees bodily integrity. There is no article from which one
can deduce that the circumcision of girls is prohibited. If the circumcision of
girls were to be officially outlawed, then the question of whether the
circumcision of boys can be tolerated would have to be dealt with and physical
integrity would have to be declared as a universally applicable human right.
The drafters of human rights are kowtowing to religions and ideologies.
As a realist, however, one must come to the conclusion that the religious
representatives are still too strong and that they would obtain the support of
leftist ideologues in a dispute.
Is there a right to family
planning?
In the proclamation of Teheran, in 1968 a passage was incorporated by
the International Conference on Human Rights stating that each couple should be
granted the fundamental right to freely decide on the number of children they
have.
One would assume that all reasonable people support this human right.
But once again, ideologically minded people (Catholics and left-wing greens)
have problems with this human right that, if enforced, would benefit everyone
in the world.
Every year, about 8.8 million people, mainly children, die of hunger,
which is equivalent to one death every 3 seconds. But the do-gooders want to
take their time and count on the fact that with more schooling, the number of
children will decrease.
Lack of access to family planning is estimated to result in 63 million
unwanted pregnancies annually and 40 million abortions, which can often be a
life-threatening risk for affected women in developing countries, as they are not
carried out by medical professionals.
Are human rights
universally valid? Can we criticize violations of human rights in other
cultures? Are we strangling the peculiarity of foreign cultures and is it a
case of Western cultural imperialism, asks Otfried Höffe. The colonial
expansion of Europe has deeply offended much of the world politically,
economically and, above all, culturally.
We have a strongly individualistic image of man. In other cultures, the
collective is more important than the individual. In such societies, the group
as a whole is in the foreground, and is more important than the
self-realization of the group members. In such societies, human rights are
logically less important and it is more difficult to introduce democracies. Collectivist
societies are mostly dictatorships and for dictators, human rights are an
obstacle to their exercise of power.
Many countries are not yet ripe for democracy. Human rights can only be
enforced in democracies. If we impose the human rights idea on such countries,
we destabilize these countries. It is starry-eyed to want to assert all human
rights in dictatorships.
Do not all societies have a right to non-interference? Has the West's
interference in Iraq, Libya and Syria paid off for the people living there?
Otfried Höffe finds that in intercultural discourse, an ethical
universal must be found that can be justified by argumentation.
Religious freedom is a human right. Are all religions protected by human
rights?
Is Scientology a religion? This question is not answered in the same way
in all countries. If so, is Scientology a religion worthy of protection?
Is Islam a religion worthy of protection and promotion? Certainly, most
Muslims practice a religion that is respected by most people. However, there
are more than a hundred passages in the Qur'an that can be interpreted as
requiring, in some circumstances, violence against Jews, Christians, or those
of other faiths. The Islamists rely on these passages.
Is the content of the Koran compatible with the purposes and principles
of the United Nations? Article 14 of the Universal Declaration of Human Rights
adopts the above italicized wording as a condition for the actions of asylum
seekers.
Articles 18 and 19 guarantee the right to freedom of expression without
declaring that certain principles must be respected. Can left-wing and
right-wing extremist groups that propagate ideologies that endanger peace or
call for violence also invoke Articles 18 and 19?