Saturday, 11 December 2021

human rights

Rights are, in a general sense, matters that one is entitled to. Human rights are those which humans are entitled simply as a result of being human. Animal rights are similar, but pertain to the broader category of animal life - and, more recently, some parts of the environment (e.g., rivers) have been given “legal personhood”, which is a sort of acknowledgment of inherent rights that that part f the environment has as a result of existing . . . but that may also be connected to the impact that degradation of that part of the environment has on other forms of life whose rights have been more clearly accepted.

One day the rights of all sentient forms of life may be acknowledged by humans, but we are not there yet.

Even in the field of human rights, there has been considerable evolution, including argument, discussion and reflection on why humans / animals / sentient life / etc have those rights (I’ve even started examining the starting point of human rights at the time in history when humans first came into existence [which gets into the overlap of animal rights and a few other issues] - see https://politicalmusingsofkayleen.blogspot.com/2019/02/humans-humanity-and-human-rights-update.html) - and what those rights actually are. In my opinion, the history of human rights has been most clearly described in Geoffrey Robertson’s “Crimes Against Humanity”, and outlining of what what those rights is described best, in my opinion (IMO), in that book, the online MOOC Chile course “Introduction to Human Rights”, US President Franklin D. Roosevelt’s [1] “Four Freedoms” speech [2] , the United Nations’ “Universal Declaration of Human Rights” (UDHR), and a few other places.

Roosevelt’s four freedoms were:

  • freedom of speech;
  • freedom of worship;
  • freedom from want [3] ; and
  • freedom from fear.

On the UDHR, there are some important points that not enough people know about. From Geoffrey Robertson’s “Crimes Against Humanity”, and Mary Ann Glendon’s “A World Made New”:

  • the United Nation’s Commission on Human Rights, chaired by Eleanor Roosevelt [4] , supported by Canadian law professor John Humphrey [5] , and with outstanding contributions from China’s PC Cheng [6] and Lebanon’s Charles Malik [7] , and France’s René Cassin [8] , had the task of developing the UDHR;
  • the appalling crimes committed by nazi Germany and imperial Japan (see World War (part) Two) were major influences on the Commission’s thinking:

o   “except in cases prescribed by law” was removed from Article 3 because the nazis did many murders in accordance with their perverted laws;

o   parent’s right to choose the education of their children was a reaction to the brainwashing of the nazis;

o   the emphasis on individual rights in response to totalitarianism unfortunately also resulted in minority rights not being protected (also not helped by Australia’s assimilationist thinking);

o   legal protections were partly because of nazi show trials, but others also had a history of show trials;

  • the USSR opposed enforceability and eventually got the USA on side so enforceability was removed, giving us “just” a declaration instead (the “twin covenants”, however, make the rights listed in the UDHR enforceable - and Australia suggested an international human rights court). The USSR and its puppets also blocked mention of democracy, but were - together with Central and South American nations and Sweden and Norway - an influence in getting tights to work, education, and basic subsistence included;
  • India’s Hansa Mehta [9] was responsible for “human family” being used in the preamble instead of “man”;
  • anthropologists warned the Commission, who wanted to avoid cultural imperialism, of the dangers of ethnocentrism, and UNESCO had a group of philosophers perform a cultural survey in 1947 that supported the universality of these rights - it was not thought of as Western or Eurocentric at the time, but as obvious;
  • some matters were omitted that would have been possibly beneficial - such as a commentary on economic rights that was based on an ILO definition, and the prevention of statelessness;
  • the UDHR was adopted by 48 nations on 10th December, 1948, with eight nations abstaining - the USSR and 5 of its puppet states, South Africa (which wanted to keep its apartheid laws), and Saudi Arabia (which wanted to punish people who change religion);
  • the 56 nations of the General Assembly included 14 Asian, 4 African, and 20 Central or South American nations.

The UDHR lists the following human rights (which I’ve rearranged and abbreviated a little):

  • all humans are equal in dignity and rights, and are entitled to rights without discrimination;
  • everyone has the right to life, liberty and security;
  • slavery and the slave trade is banned in all its forms;
  • no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment;
  • everyone has the right to equal treatment before the law (“everyone has the right to recognition everywhere as a person before the law”) and associated rights;
  • everyone has the right to privacy and to the protection of law in that and honour and reputation (and to protection of property);
  • everyone has the right to freedom of movement, and to seek asylum;
  • everyone has the right to marry and found a family;
  • everyone has the right to freedom of thought & religion, to freedom of opinion and expression, of association or not, and to cultural & intellectual rights;
  • everyone has the right to take part in the governance of their nation;
  • everyone has the right to social services, fair work, and an adequate standard of living;
  • right to education.

The are other international treaties which add details or expand on these rights - for instance, the rights of children, and specifics around countering sexism and racism.

There is also a vexed, IMO, bit of nonsense from some people (mostly on the right) about responsibilities, which I consider a reaction against having to be decent - for instance, what responsibility does one have to fulfill in order to not be tortured or enslaved? Nevertheless, in some places mention of responsibility is necessary in order to get laws protecting human rights - and, in some aspects I can see the point: for instance, one should be prepared to serve on a jury as part of receiving the rights to fair treatment before the law.

Also vexed but clearly not nonsense, is the issue of enforcing rights. There has been a gradual development and exposition of human rights and their enforcement, which has been countered by lack of political will, covert and overt opposition from despots and those who do not wish to cede power, and double standards (e.g., the USA’s insistence on capital punishment and refusal to be subject to the International Criminal Court while expecting other nations to be subject, and the unresolved [sometimes even unacknowledged history of colonial nations).

Currently, the realisation of rights could be considered to include:

  • prevention:

o   promoting awareness of human rights;

o   promoting changes in values and organisations that favour inclusion and diversity over discrimination - e.g., requiring companies to have suitable policies, public reporting on measures, etc;

o   quotas - which is often described as “controversial”, but that description is almost exclusively used by people not in the group being discriminated against, and quotas are capable of achieving the desired result;

  • accountability for breaches:

o   national laws (e.g., Australia’s “Genocide Convention Act 1949” [10] , my home state’s anti-discrimination acts and charter [11] ) and courts;

o   regional courts, such as the Inter-American Court on Human Rights [12] ;

o   larger range international bodies, such as the International Criminal Court [13] ; and

o   universal obligations, such as the Genocide Convention, which requires all nations everywhere to use their facilities to prosecute offenders.

There is an excellent tabulation on international treaties / instruments and which clauses cover specific rights at https://humanrights.gov.au/our-work/commission-general/chart-related-rights-and-articles-human-rights-instruments-human-rights.

Prevention, rather than cure, is always, in my opinion, better, but some people are so intransigent, rigid, and determined to be elitist that court actions is sometimes necessary. 

 

Since this definition was first written, world events have highlighted some additional problems and aspects.

One is the seemingly intractable problem of almost all western politicians being morally spineless cowards who will only take action on genocide if relentlessly pushed into it – which I first started exploring in “Thirty years after Rwanda, some thoughts on genocide [Note: Content Warning - links to reports on genocide, sexual assault, other extreme human rights abuses. Reader discretion is advised]” https://politicalmusingsofkayleen.blogspot.com/2024/04/thirty-years-after-rwanda-some-thoughts.html.

Other nations are not so morally lacking or cowardly, as shown by South Africa’s currently ongoing (as of the date this is being written) and contested by Israel ICJ case against Israel (see Wikipedia [as of 21st September, 2026] and ICJ case no. 192 [which will be updated by the ICJ in due course]), and The Gambia’s current ICJ case against Myanmar (also being defended) over the genocide of the Rohingya (see Wikipedia [also as of 21st September, 2026] and ICJ case no. 178 [which will be updated by the ICJ in due course]).

In addition to political weakness, I consider there are other social problems, such as  incompetence at being human [1] ,  politicians putting political survival ahead of the survival of humans [2]  and generally failing to change as required by the times [3] ,  the cold heartedness of society generally (although action could be taken on that) [4] ,  and the need for activism to acknowledge and embrace both legalistic human rights advocacy and humanistic human rights advocacy [5] .

In coming years, these matters will likely be further refined.


[1] See  “Post No. 3,323 - A rant: the problem of incompetence at being human (~1,020 words; ~ 7 minutes)”   https://gnwmythr.blogspot.com/2025/11/post-no-3323-rant-problem-of.html    “One major issue in industrialised societies is the pressure to justify one’s existence through constant busyness, which I criticise as a distortion of humanity linked to neochristianity and particularly Calvinism. This pressure, driven by ultra-rich neoliberals and patriarchal conditioning, creates an obligation to remain busy, often with trivial tasks. Additionally, the fear of being “different” leads to conformity and bigotry, especially regarding gender roles. Toxic alpha personalities, often in positions of power, perpetuate gender inequality and misogyny, including among women who emulate these traits. Addressing unmanaged unconscious bias is crucial for improving diversity, equity, and inclusion (DEI) efforts in workplaces, as current hiring practices often favour candidates who fit biased moulds. Political reforms are needed to ensure that leadership embodies accountability beyond wealth interests, including my call for bans on property ownership among MPs involved in housing debates, to restore balance between corporations and citizens.”   

[2] See  “Post No. 3,327 - Political survivability, or human survivability? (~340 words, ~ 2 minutes)”   https://gnwmythr.blogspot.com/2025/11/post-no-3327-political-survivability-or.html   “In this post, I write about concerns about political changes in Australia, focused on inequality driven by large corporations that prioritise financial decisions over social and environmental issues, and warn that future generations will hold the current older generation accountable for our inaction, particularly regarding food scarcity and climate change. Urgent legislative action is needed to allow corporate decision-making that considers the survival of the human species, countering the impending disaster scenario. I emphasise the dire consequences if these changes are not made, likening potential future crises to genocide, and urge politicians to choose the long-term survival of their children (and constituents) over short-term political gains.”  

[3] See  “Post No. 3,331 - Changes (~370 words, ~3 minutes)”   https://gnwmythr.blogspot.com/2025/11/post-no-3331-changes-370-words-3-minutes.html   “There is a critical need for political parties to genuinely address the concerns of young people regarding the climate crisis, inequality, and housing affordability, as highlighted by Kos Samaras's article on the decline of the post-World War II political framework. My view is that the current political establishment is failing and that more innovative electoral structures, like larger multi-member electorates, could better represent diverse voices. The impact of a toxic neoliberal culture on youth confidence and mental health is profound, necessitating a reevaluation of political responses and societal structures. As mainstream parties decline, new political entities will likely emerge - for better or for worse - to fill the void, reflecting the shifting dynamics of contemporary democracy.”  

[4]  See  “Post No. 3,333 - The problem of this world being cold hearted ... and a counter to that (~670 words, ~4 minutes)”   https://gnwmythr.blogspot.com/2025/11/post-no-3333-problem-of-this-world.html   “In addressing the cold-heartedness of contemporary society, I highlight the detrimental impact on individuals’ self-esteem, particularly those affected by CSA, SA, neurodivergence, and marginalised  identities. This societal rigidity can lead to significant health issues, aggravated by stress and the pressure to secure employment. Reflecting on my personal experiences, I revisit the Telepathy Tapes, which I initially perceived with scepticism owing to my fears of exploitative narratives around disability. However, as a result of listening to a recent interview, I now am satisfied the Telepathy Tapes are genuine investigations into nonphysical capabilities, although there are still some genuine disability concerns. This knowledge could help with the changes needed to combat the pervasive negativity of neoliberal ideologies - the nurturing of individual healing may provide a pathway to broader societal change.”  

[5] See  “Post No. 3,334 - Legalistic human rights advocacy vs humanistic human rights advocacy”   https://gnwmythr.blogspot.com/2025/11/post-no-3334-legalistic-human-rights.html   “One of the major benefits of anti-discrimination laws in Victoria in the late 1990s was that it significantly bolstered efforts to educate the public on transgender issues. While some believe that human rights outcomes are only valid through legal action, that sort of “legalistic” human rights advocacy actually, IMO, hinders accomplishing real, lasting, and effective social change, and makes backlashes of the types seen this century (and, arguably, at their most extreme in the USA) inevitable. “Humanistic” advocacy, which emphasises education and countering misinformation, addresses the long-standing and too often unacknowledged societal issues of patriarchal parenting, as well as promoting children’s rights to develop into their authentic selves - independent thinkers free from hate indoctrination, which should be achieved by prioritising education and empowerment of parents.”  

 

 

For more on this topic see:

o   “Crimes Against Humanity”, by Geoffrey Robertson [14] , pub. Penguin Group, 2012 (4th Ed., first pub. [1st Ed.] Allen Lane 1999), ISBN 978-0-14-190080-3, on Amazon at https://smile.amazon.com/Crimes-Against-Humanity-Struggle-Justice-ebook/dp/B002XHNNT8/ref=sr_1_1;

o   “A Problem from Hell”, by Samantha Power [15] , pub. Pub. Harper, 2010, ISBN 978-0007172993, on Amazon at https://smile.amazon.com/Problem-Hell-America-Age-Genocide-ebook/dp/B003RRY3UG/ref=tmm_kin_swatch_0;

o   “Bad People and How to be Rid of Them”, by Geoffrey Robertson, pub. Vintage, 2021, ISBN 978-1-76-014561-3, on Amazon at https://smile.amazon.com/Bad-People-Them-Human-Rights-ebook/dp/B08QZFWQQY/ref=sr_1_1;

o   “The Responsibility to Protect”, by Gareth Evans [16] , pub. Brookings Institute Press, 2009, 978-0-81-572504-6, on Amazon at https://smile.amazon.com/Responsibility-Protect-Ending-Atrocity-Crimes-ebook-dp-B00B0XZ07O/dp/B00B0XZ07O/ref=mt_other;

o   “A World Made New”, by Mary Ann Glendon, pub. Random House, 2002, ISBN 978-0-67-946310-8, on Amazon at https://smile.amazon.com/World-Made-New-Roosevelt-Declaration-ebook/dp/B000FC1L2Y/ref=sr_1_1;

o   MOOC Chile “Introduction to Human Rights” - https://mooc.udp.cl/introduction-to-human-rights/;

·         Links to my blog materials:

o   “[Content Warning - discrimination, harm, wrongdoing] activism”   https://gnwmythrsglossary.blogspot.com/2014/04/activism.html 

o   https://politicalmusingsofkayleen.blogspot.com/search/label/human%20rights   ,   https://politicalmusingsofkayleen.blogspot.com/search/label/human%20rights%20abuses   ,   and  https://politicalmusingsofkayleen.blogspot.com/search/label/DEI   

o   https://gnwmythr.blogspot.com/search/label/human%20rights    

 

[16] See http://gevans.org/,   https://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=VD4,   and   https://en.wikipedia.org/w/index.php?title=Gareth_Evans_(politician)&oldid=1056618154. 

 

 

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