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Some Reflections on the Foundation of Human Rights ― Are Human Rights an Alternative to Moral Values?

Some Reflections on the Foundation of Human Rights ― Are Human Rights an Alternative to Moral... I. Introduction Human rights again? Yes, but not the same as yesterday's. Today the human rights discourse has become fashionable and often seems to be a substitute for the moral discourse. When terrorist attacks, discrimina- tion, slavery, torture, arbitrary arrest etc. occur, it seems that there is something morally wrong. But there is no general agreement on this and so for those who are convinced that these are immoral acts, there is the challenge of rationally justifying and defending this. This paper examines how the concept of human rights has been in- fluenced for centuries by different philosophical trends especially from medieval times to the present. Moreover it examines the nostalgia of present humankind for lost moral values and thus, natural law. In fact it will also show the importance of founding human rights on moral val- ues and natural law. The role of states and the United Nations as guar- antors of human rights will also be analysed. The article will conclude that the human rights of today are not only used as alternative to moral values but that they also contain moral values themselves. This being the case, taking human rights seriously is the sacrosanct duty http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Max Planck Yearbook of United Nations Law Online Brill

Some Reflections on the Foundation of Human Rights ― Are Human Rights an Alternative to Moral Values?

Max Planck Yearbook of United Nations Law Online , Volume 10 (1): 29 – Jan 1, 2006
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References (7)

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1875-7413
DOI
10.1163/187574106X00083
Publisher site
See Article on Publisher Site

Abstract

I. Introduction Human rights again? Yes, but not the same as yesterday's. Today the human rights discourse has become fashionable and often seems to be a substitute for the moral discourse. When terrorist attacks, discrimina- tion, slavery, torture, arbitrary arrest etc. occur, it seems that there is something morally wrong. But there is no general agreement on this and so for those who are convinced that these are immoral acts, there is the challenge of rationally justifying and defending this. This paper examines how the concept of human rights has been in- fluenced for centuries by different philosophical trends especially from medieval times to the present. Moreover it examines the nostalgia of present humankind for lost moral values and thus, natural law. In fact it will also show the importance of founding human rights on moral val- ues and natural law. The role of states and the United Nations as guar- antors of human rights will also be analysed. The article will conclude that the human rights of today are not only used as alternative to moral values but that they also contain moral values themselves. This being the case, taking human rights seriously is the sacrosanct duty

Journal

Max Planck Yearbook of United Nations Law Online – Brill

Published: Jan 1, 2006

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