Welfare Rights and Liberty Rights

1
Welfare Rights and Liberty Rights

• Positive Claim Right (Welfare Right) I have a
  welfare right to x means that someone is morally
  obligated to supply me with x.
• Example I have a welfare right to information
  means that someone is obligated to supply me with
  information.

• Negative Claim Right (Liberty Right) I have a
  liberty right to x means that everyone is
  obligated to refrain from interfering with my
  x-ing. (Its a right of non-interference.)
• Example I have a liberty right to information
  means that everyone is obligated to not interfere
  with my seeking information.

2
Welfare and Liberty Rights to Information

• In a society which only believed in liberty
  rights to information the following would be
  true
• No one could prevent you from writing a book,
  reading a book, talking to others, searching the
  internet, posting information to the internet,
  going to school.
• But no one would be obligated to provide
  information for others, e.g., no mandatory taxes
  to pay for schools or libraries and no obligation
  of the government to supply information (no
  FOIA).

3
Where do human rights come from?

• Interest Theory
• As human beings we have interests in certain
  things--being able to learn, raise our children,
  have a voice in our society, etc. Rights protect
  our most fundamental interests (e.g., those which
  are prerequisites for leading a minimally good
  life.)
• Choice Theory
• As human beings are able to make free
  (autonomous) choices--what to believe, how to
  live, who to marry, etc. Rights protect our
  capacity to make our most fundamental choices
  (e.g., those which are prerequisites for leading
  a minimally good life).
• Note Just two ways to think about rights--we
  dont need to worry about which is the right
  theory.

4
Right to Information based on Interests or Choices

• Interest Theory We have an interest in having
  free access to information both for its own sake
  (it is just valuable to us to learn and know) and
  because it allows us to fulfill our other
  interests--e.g., to participate in our
  government, raise our children, avoid disease,
  etc.
• Choice Theory Our choice in what to read, hear,
  see, is fundamental in itself. Also, information
  is necessary for us to make informed choices in
  all other areas of life.

5
Right to Information based on Interests or Choices

• Interest Theory We have an interest in having
  free access to information both for its own sake
  (it is just valuable to us to learn and know) and
  because it allows us to fulfill our other
  interests--e.g., to participate in our
  government, raise our children, avoid disease,
  etc.
• Choice Theory Our choice in what to read, hear,
  see, is fundamental in itself. Also, information
  is necessary for us to make informed choices in
  all other areas of life.

6
Objections to Human Rights

• The Moral Relativism Objection Human rights
  assume that there are some universally valid
  moral principles. Some argue that there are no
  such universal values and that human rights are
  really based on western values (e.g.,
  individualism).
• Replies
• Many of those who appeal to human rights are
  oppressed groups in non-western cultures.
• Third Generation human rights are more
  sensitive to communal (non-individualist) values.
• Pragmatic response--rights talk is the
  language of those with power and, thus, will be
  more effective in dealing with them.

7
Information Rights

• Julie Cohen notes that there are three ways in
  which individuals interact with the information
  environment (I have added groups to her
  analysis)
• Information flows to individuals (and groups)
• Information flows from individuals (and groups)
• Information flows about individuals (and groups)
• Recall our definition of a human right The
  fundamental prerequisites for each human being
  leading a minimally good life.
• What are the fundamental informational
  prerequisites for leading a minimally good life?

8
U.N. Declaration on Human Rights

• Rights related to information flow from
  individuals
• individual freedom of thought--particularly with
  regard to religion (Art. 18)
• Right to impart information (Art. 19)
• Right to participate in the cultural life of the
  community (Art. 27)
• Rights of authors (Art. 27)
• Rights related to information flow to individuals
• individual freedom of thought--particularly with
  regard to religion (Art. 18)
• Right to seek and receive information (Art. 19)
• Right to education (Art. 26)
• Right to participate in the cultural life of the
  community (Art. 27)
• Rights related to information flow about
  individuals
• Right to privacy (Art. 12)

9
Stuart Cohens Theory of the Value of Freedom of
Expression

• S. Cohen links freedom of speech to three
  fundamental interests (1993, 223-230) Note that
  he has an interest theory of rights.
• Expressive interests
• A direct interest in articulating thoughts,
  attitudes, and feelings on matters of personal or
  broader human concern and perhaps through that
  articulation influencing the thought and conduct
  of others (224).
• Deliberative interests
• Reflection on matters of human concern cannot
  be pursued in isolation. As Mill emphasized,
  reflection characteristically proceeds against
  the background of an articulation of alternative
  views by other people (229).
• Informational interests
• fundamental interest in securing reliable
  information about the conditions required for
  pursuing ones aims and aspirations (229).

10
Privacy Rights

• Privacy rights protect information flow about
  individuals.
• What is Privacy?
• The ability to determine for ourselves when,
  how, and to what extent information about us is
  communicated to others (Westin, 1967) Allen
  (1988) includes seclusion, solitude, secrecy,
  confidentiality, and anonymity as forms of
  privacy.
• What fundamental interests to privacy rights
  protect?
• According to Bloustein (1964) privacy, protects
  against intrusions demeaning to personality and
  against affronts to human dignity.
• According to Fried (1970), Privacy is valuable
  because it allows one control over information
  about oneself, which allows one to maintain
  varying degrees of intimacy. Indeed, love,
  friendship and trust are only possible if persons
  enjoy privacy and accord it to each other.
• All quotes above are from DeCew (2006).

11
Summary

• Human Rights are prerequisites for leading a
  minimally good life.
• Human information rights protect our ability to
  transmit information (flow from), receive
  information (flow to), and control information
  about ourselves (flow about).
• These include both welfare rights (e.g., right to
  education) and liberty rights (e.g., right to
  believe).
• These rights protect our fundamental human
  interests in expression, deliberation,
  information, human dignity, and social
  relationships. They also protect our capacity to
  make important choices.