Human rights inflation

From WikiProjectMed
Jump to navigation Jump to search

The concept of human rights inflation expresses the belief that people, such as human rights activists, claim increasing numbers and varieties of human rights. For example, Karel Vasak, has theorised a development through three generations of human rights:[1]

  1. civil and political
  2. socio-economic and cultural
  3. solidarity-related

Commentators who identify trends of growing the cases labelled "rights" sometimes suspect that an increasing number of claims will erode the regard for those human rights which they consider more fundamental. Fears of human-rights inflation have been expressed since the mid-twentieth century.[2] Economic and social rights are particularly likely to be cited as examples of human rights inflation.[3]

The philosopher Zhao Tingyang argues that the prioritization of human rights above all else inevitably leads to a proliferation of claimed rights: "If a demand for certain kinds of freedoms and interests can be made into a right, then any and all demands for freedoms and interests can be made into rights on the same grounds." According to Zhao, this dynamic leads to confusion about values and can cause society to get out of control, a development which he says has already begun to emerge.[4][5]

Examples: same-sex marriage and transgender rights

The inclusion of same-sex marriage and transgender rights in the human rights discourse is often cited as a prominent example of human rights inflation. Critics argue that expanding the scope of human rights to include these issues may dilute the importance of more traditional, fundamental rights.[6]

Same-sex marriage

The recognition of same-sex marriage as a human right has been a contentious issue. Critics of human rights inflation argue that the expansion to include same-sex marriage undermines the traditional concept of family rights as initially envisioned. However, supporters argue that this expansion is a necessary evolution to ensure equality and non-discrimination. For instance, the Inter-American Court of Human Rights has ruled that the protection of family relationships must extend to same-sex couples, interpreting this inclusion as consistent with the original intentions of human rights frameworks, despite not being explicitly stated by the drafters of foundational human rights documents.[7]

Michael Ignatieff discusses this phenomenon, noting that the evolving interpretation of family rights to include same-sex marriage reflects broader societal changes and the need to adapt human rights frameworks to contemporary issues. This perspective suggests that the expansion is not an inflation but a necessary adaptation to uphold the principles of equality and human dignity.[8]

Transgender rights

Similarly, the recognition of transgender rights has been a focal point in debates over human rights inflation. The inclusion of rights specific to transgender individuals, such as the right to change one's legal gender and protection against discrimination, is seen by some as an overextension of human rights. Yet, this expansion is argued to be crucial for addressing the unique challenges faced by transgender individuals.[9]

The Trans Rights Indicator Project (TRIP) provides an extensive analysis of transgender rights across various legal systems, highlighting the disparities and the necessity for inclusive policies.[10] Furthermore, Upendra Baxi discusses the implications of expanding human rights to include transgender protections, emphasizing the importance of recognizing these rights to address systemic inequalities and marginalization.[11]

Scholarly perspectives

The debate over human rights inflation in the context of same-sex marriage and transgender rights encapsulates broader concerns about the evolution and adaptability of human rights frameworks. Critics argue that such expansions may weaken the perceived value of fundamental rights, while proponents contend that they are essential for ensuring comprehensive protection and equality for all individuals.[12] This tension highlights the dynamic nature of human rights and the ongoing need to balance traditional concepts with contemporary societal needs.[13]

References

  1. ^ Kaisary, Philip (6 January 2022). "The Haitian Revolution and Socio-economic rights". In Jensen, Steven L. B.; Walton, Charles (eds.). Social Rights and the Politics of Obligation in History. Human Rights in History. Cambridge: Cambridge University Press. p. 84. ISBN 9781009020664. Retrieved 20 November 2022. [...] liberté (first-generation civil and political rights), égalité (second-generation socio-economic and cultural rights) and fraternité (third-generation rights of solidarity).
  2. ^ Theilen (2021): "Worries about the inflation of human rights are not new – indeed, they can be traced back at the very least to mid-century responses to the Universal Declaration of Human Rights (UDHR)."
  3. ^ Theilen (2021): "It is remarkable, in particular, how consistently socio-economic human rights in the form of welfare rights have been denied the status of 'real' human rights on the basis of the anti-inflation mindset."
  4. ^ Han, Sang-Jin (1 January 2020). "A Universal but Non-Hegemonic Approach to Human Rights in International Politics". Confucianism and Reflexive Modernity: Bringing Community back to Human Rights in the Age of Global Risk Society. pp. 102–117. doi:10.1163/9789004415492_008. ISBN 978-90-04-41549-2. Retrieved 10 March 2023.
  5. ^ 赵汀阳 (2018-12-18). ""预付人权"：一种非西方的普遍人权理论". 中国社会科学网. Archived from the original on 2021-05-18. 既然超越了善，权利优先原则就必定蕴含着一个关于权利的悖论：假如对某种自由和利益的要求可以被搞成一种权利，那么任何一种并且所有对自由和利益的要求就都可以按照同样理由被搞成权利。这个悖论将是价值混乱和社会失控的根源，而且已经开始表现在人权的实际发展状况中。
  6. ^ Ignatieff (2014); Theilen (2021).
  7. ^ Ignatieff (2014); Inter-American Court of Human Rights (n.d.).
  8. ^ Ignatieff (2014).
  9. ^ Stryker (2008); Baxi (2001).
  10. ^ Stryker (2008).
  11. ^ Baxi (2001).
  12. ^ Theilen (2021); Ignatieff (2014).
  13. ^ Theilen (2021).

Works cited

  • Baxi, Upendra (2001). "Too Many, or Too Few, Human Rights". Human Rights Law Review. 1: 1–10. doi:10.1093/hrlr/1.1.1.
  • Ignatieff, Michael (2014). "Rights Inflation and Role Conflict in the Office of the High Commissioner for Human Rights". The United Nations High Commissioner for Human Rights Conscience for the World. Brill. pp. 33–44. ISBN 9789004254251.
  • Inter-American Court of Human Rights (n.d.). Advisory Opinion OC-24/17, Gender Identity, and Equality and Non-Discrimination of Same-Sex Couples (Report).
  • Stryker, Susan (2008). Transgender History. Seal Press.
  • Theilen, Jens T. (2021). "The inflation of human rights: A deconstruction". Leiden Journal of International Law. 34 (4): 831–854.

Further reading

  • Avbelj, Matej (2018). "Human rights inflation in the European Union". The Fragmented Landscape of Fundamental Rights Protection in Europe The Role of Judicial and Non-Judicial Actors. Elgar Online. pp. 7–24. ISBN 9781786436054.
  • Clément, Dominique (2018). Debating Rights Inflation in Canada: A Sociology of Human Rights. Wilfrid Laurier Univ. Press. ISBN 978-1-77112-276-4.
  • Letsas, George (2007). "Public Morals, Consensus, and Rights Inflation: A Critique". A Theory of Interpretation of the European Convention on Human Rights. Oxford University Press. ISBN 978-0-19-920343-7.
Retrieved from "https://mdwiki.org/wiki/Human_rights_inflation"