4.2.4 Human Rights as a Moral Standard

(This is an archived extract from the book Patterns of Power: Edition 2)

As shown in the previous two sections, there are several approaches to legitimise moral rules and they express their authority in different ways: the feeling of empathy, the commandments of a religion, the reasoning of philosophy or the evidence of science. These are languages which have emerged from different discourses, but they don’t necessarily conflict with each other in the behaviour that they recommend.

The language of human rights is a further alternative discourse. Human rights are a codification of behavioural standards which have been agreed by negotiation, for the protection of every individual in society. Their legitimacy is conferred by the negotiation process, not by an appeal to external authority or to philosophical reasoning, and they are expressed differently from the other languages mentioned. For example, the Biblical commandment not to murder is expressed in the language of rights by upholding the potential victim’s right to life.

Human rights define some moral standards. Their negotiated basis has the advantage that they can be inclusive and can adapt to changes in culture. There are four questions to be answered, which are the subjects of the next four sections:

1. What are human rights? (4.2.4.1)

2. How should they be enforced? (4.2.4.2)

3. What level of socio-economic rights should society guarantee to people, to equip them with the capability to flourish? (4.2.4.3)

4. How are rights negotiated? (4.2.4.4)

The answers to the first three questions depend partly upon the answer to the fourth question. The definitions, quantification and delivery mechanisms will vary as a result of the negotiations in that society.