Universal Human Rights in Theory and Practice Jack Donnelly--SE

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Universal Human Rights in Theory and
PracticeJack Donnelly--SE

• Prepared by
• Dr. Caroline (Kay) Picart
• Assistant Professor of English and Humanities
• Courtesy Assistant Professor of Law

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Aims

• To examine what does it mean to have a right
• To analyze, even at a preliminary level, how does
  being human give rise to rights?

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Question

• In what two senses/contexts do we use the word
  right?

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Question

• According to Donnelly, what are the three
  distinct forms of social interaction that involve
  rights?

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Question

• What are the special features of a human right?

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Questions

• Why are human rights self-liquidating and
  extra-legal?

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Question

• What is the source of human rights?

8
Question

• In what ways are human rights a self-fulfilling
  prophecy?

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Questions

• Who are the subjects of human rights?
• How are these subjects implicitly characterized?

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The Subjects of Human Rights

• Donnelly argues that only individuals, not
  collective groups, have human rights.
• Do you agree or disagree and why?

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Discussion Question

• Donnelly writes It is individuals, not groups,
  that have rights to food, health care, work,
  social security, due process, freedom of the
  press, protection against discrimination . . .
  (p. 20)
• Assess the strengths and weaknesses of this
  argument.

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Question

• What is Donnellys model for explaining human
  rights in relation to human nature?

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Questions

• List as many rights as you can that are part of
  the International Bill of Human Rights
• Discuss the implications of these rights
• How is the human body envisaged through these
  rights?

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The Status of Economic/Social Rights

• Economic/social rights are neither universal,
  practical, nor of paramount importance and
  belong to a different logical category . . .
  that is, they are not truly human rights. (p.
  31)
• Do you agree? Why or why not?

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Question

• All human rights require both positive action
  and restraint on the part of the state.
  Furthermore, whether a right is relatively
  positive or negative usually depends on
  historically contingent circumstances.
• Give examples.

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Question

• Do negative civil and political rights deserve
  higher priority than positive economic and
  social rights?

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Question

• Is there such a thing as a basic right?

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Question

• How does Donnelly assess these lists?
• Do you agree or disagree and why?

19
Question

• According to Donnelly, what are some of the
  problems in linking foreign policy with human
  rights?

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Activity

• What human rights are implicitly acknowledged by
  the Nazi propaganda short, The Fuehrer Gives a
  City to the Jews?

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Source

• Donnelly, Jack. Universal Human Rights in Theory
  and Practice. Ithaca, NY Cornell University
  Press, 1989.