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Tuesday, July 28, 2020

Human Rights: Where do they come from?

he AZEL

PERSPECTIVE

Commentary on Cuba's Future, U.S. Foreign Policy & Individual Freedoms - Issue 7A
 
This Perspective was first published in 2015.

Human Rights: Where do they come from?

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It is an unnerving surreal scene in the documentary “Oscar’s Cuba” when supporters of the Cuban government shout “down with human rights” to intimidate defenders of opposition leader Dr. Oscar Elias Biscet. And more colorfully and unambiguously, the crowd bellows “we sh _ _ on human rights!”

How can individuals and governments hold such a condemning view on human rights? As Americans we demand our rights; we admire the struggles of peoples everywhere claiming their rights; we worship the unalienable rights of life, liberty, and the pursuit of happiness proclaimed in our Declaration of Independence. Collectivists, however, see rights differently, so where do rights come from?
 

Are rights man- made, the social creation of a particular vision of society as Marxists claim? Or, are rights a self evident endowment of our Creator as Jefferson asserted? The question of whether rights are creations of particular societies, or independent of them, is fundamental to our stance on standards of moral conduct and political organization.

There are three principal epistemological traditions on the origin of human rights: (1) Rights are moral laws and they come from God. (2) Rights are political laws and they are created by governments. (3) Rights are moral laws inherent in man’s nature.

If human rights are simply a creation of the human intellect it is very difficult to argue that they are universal and that every government is obligated to honor rights they disagree with. Accordingly, Karl Marx denounced rights as a fabrication of bourgeois society. Moreover, if rights are no more than a whimsical invention of government, they can be revoked at the pleasure of the government; they are permissions, not rights.

On the other hand, if rights emanate from God and exist prior to, and distinctly from, any man-made law, they cannot be granted or repealed by government fiat. Unfortunately, no divine origin for human rights can be judiciously advanced since there is no evidence of such divinity, much less evidence of the existence of rights that demonstrably emanate from God.

 An additional problem is that there is not one God that is universally recognized and thus we are left to decide if it is the moral code of Yahweh, Allah, or Brahman that should prevail. To anchor rights on a divinity is to admit that there is no evidence to support the existence of universal human rights.

Very much aware of these issues, Enlightenment thinkers, and the Founding Fathers sought to anchor human rights in nature as a matter of natural law. But, in seeking to extrapolate rights from nature, liberal thinkers filled their arguments with references to what God had ordained, or granted. John Locke posited his “law of nature” linked to “men being all the workmanship on one omnipotent, and infinitely wise maker.” And Jefferson noted that the moral law of nature is “the moral law to which man has been subjected by his Creator.”

These classical expositions of natural law retain the philosophical problem that if natural rights come from God, then proof of their existence depends on proof of God’s existence. To address this, modern thinkers have developed a number of more secular natural rights theories that do not originate with a Divinity. But it is this genre of issues that have led some philosophers to mock belief in human rights as “one with belief in witches and unicorns” (Alasdair MacIntyre) or “nonsense upon stilts” (Jeremy Bentham).

The United Nations Declaration of Human Rights declares that human rights flow from “the inherent dignity of the human person.” This too can be a problematic concept as no universal agreement can be reached as to what is needed for a life of dignity. Some will claim that a vacation home on the beach is an absolute necessity for a life worthy of a human being, others require multiple consorts.  Who is to tell?

Totalitarian regimes take advantage of this philosophical quandary to subordinate the individual to the state.  Since governments hold a legal monopoly on the use of physical force, we need individual rights to protect ourselves from the involuntary servitude to others demanded by collectivism.

Our best intellectual argument is that each individual is morally an end in himself/herself and not a means to the ends of others. This means that individual rights are our defense against collectivism. Individual rights may, or may not be, God given, or inherent, according to our personal beliefs. Human rights may just be an aspiration or an artifact, but in a social context, they are what we require to live in freedom.

Please let us know if you Like Issue 7A- Human Rights: Where Do They Come From? on Facebook this article.
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Abrazos,

Lily & José
(click on the name to email Lily or Jose)
This article was originally published in English in the Miami Herald and in Spanish in El Nuevo Herald.
 
José Azel, Ph.D.
José Azel left Cuba in 1961 as a 13 year-old political exile in what has been dubbed Operation Pedro Pan - the largest unaccompanied child refugee movement in the history of the Western Hemisphere.

He is currently dedicated to the in-depth analyses of Cuba's economic, social and political state, with a keen interest in post-Castro-Cuba strategies as a Senior Scholar at the Institute for Cuban and Cuban-American Studies (ICCAS) at the University of Miami and has published extensively on Cuba related topics.

In 2012 and 2015, Dr. Azel testified in the U.S. Congress on U.S.-Cuba Policy, and U.S. National Security.  He is a frequent speaker and commentator on these and related topics on local, national and international media.  He holds undergraduate and masters degrees in business administration and a Ph.D. in International Affairs from the University of Miami. 

Dr. Azel is author of Mañana in Cuba: The Legacy of Castroism and Transitional Challenges for Cuba, published in March 2010 and of Pedazos y Vacios, a collection of poems he wrote as a young exile in the 1960's.

José along with his wife Lily are avid skiers and adventure travelers.  In recent years they have climbed Grand Teton in Wyoming, trekked Mt. Kilimanjaro in Tanzania and Machu Pichu in Peru.  They have also hiked in Tibet and in the Himalayas to Mt. Everest Base Camp.

They cycled St. James Way (
El Camino de Santiago de Compostela) and cycled alongside the Danube from Germany to Hungary. They have scuba dived in the Bay Islands off the Honduran coast.

Their adventurers are normally dedicated to raise funds for causes that are dear to them. 
Watch Joe & Lily summit Kilimanjaro.

Books by Dr. José Azel
Mañana in Cuba is a comprehensive analysis of contemporary Cuba with an incisive perspective of the Cuban frame of mind and its relevancy for Cuba's future.
Buy now

 
Pedazos y Vacíos is a collection of poems written in by Dr. Azel in his youth. Poems are in Spanish.
Buy now
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