By RM Westerink
From “We Value” to “I Have a Right”
Our European value package has a protective
quality. It gives individuals room to live their own lives while protecting the
society in which different individuals must live together. But valuing
something and being protected by it are not the same. What happens when a ruler
takes freedom away, the law treats a group as inferior, or a majority decides
that somebody else's difference is no longer acceptable?
“We value freedom” becomes “I have a right to be free.”
That change matters. A value describes what
we think important. A right gives the individual a claim that should survive
disagreement, unpopularity and changes of government.
Rights Began with Boundaries
There is no single starting point for human
rights. Ideas about justice, dignity, duties and limits on rulers appear across
civilizations and traditions. In Europe, rights were long particular rather
than universal: citizens rather than foreigners, nobles rather than peasants,
believers rather than heretics, property owners rather than workers, men rather
than women.
Yet the idea that power could have
boundaries kept developing. Magna Carta in 1215 was not a declaration of
universal rights, but it contributed to a longer proposition that even a king
could be constrained by law. Seventeenth-century English conflicts pushed
further, culminating in the Bill of Rights of 1689.
Enlightenment thinkers then asked whether
rights came from rulers at all. Natural-rights theories treated individuals as
possessing claims by virtue of being human, with government legitimate partly
because it protected them. The American Declaration of Independence in 1776 and
the French Declaration of the Rights of Man and of the Citizen in 1789 gave
these ideas powerful political expression - while leaving enormous exclusions
intact.
The Difficult Question: Who Counts?
Societies proclaiming liberty maintained
slavery. Women lacked political rights. Voting was often restricted by
property. Religious minorities faced discrimination and colonial subjects were
governed without freedoms proclaimed in European capitals. The contradiction
produced a question that repeatedly widened the protected circle: if freedom
and equality are rights, why do they belong to me but not to you?
Religious minorities claimed conscience;
people without property demanded participation; abolitionists challenged
slavery; workers claimed political and social rights; women claimed equality
and the vote; racial and ethnic minorities challenged legal discrimination.
Rights expanded not smoothly, but often because people outside the protected
circle insisted that proclaimed principles apply to them too.
Industrial society also widened the meaning
of freedom. Formal liberty mattered, but how free is somebody without
education, income when unable to work, or protection against destitution?
Social security, work, education and an adequate standard of living entered the
rights tradition. Our European combination of freedom and collective
responsibility appears again.
Then Europe Showed What Could Still Happen
By the early twentieth century Europe
possessed constitutional governments, sophisticated political thought and
declarations of rights. None prevented fascism, Nazism or the Holocaust. Modern
states showed how quickly citizenship, property, freedom and life itself could
be removed once some people were placed outside legal protection.
The Second World War therefore sharpened
the question. If rights exist only because a state grants them, what protects
the individual when the state becomes the violator? After 1945 the answer
increasingly took universal form: some rights belong to us because we are
human, not because a particular government chooses to grant them.
The World Tries to Write Them Down
The Universal Declaration of Human Rights
was adopted by the UN General Assembly on 10 December 1948 as a common standard
for all peoples and nations.[1] It would be wrong to tell this as European
ideas simply conquering the world. The drafting process deliberately brought
together different legal, political, religious and cultural traditions. Eleanor
Roosevelt chaired the commission, alongside central contributions from P. C.
Chang of China, Charles Malik of Lebanon, René Cassin of France, John Humphrey
of Canada, Hernán Santa Cruz of Chile and others. More than 50 UN member states
participated in the final process.[1][3]
The disagreements were real, which makes
the result more significant. Indian delegate Hansa Mehta is widely credited
with helping change the opening language from 'all men' to 'all human beings'.
No state voted against adoption, although eight abstained.[1]
Do We Recognize Our Values?
We did not derive our ten-value package
from the UDHR. That makes comparison useful. Put the two beside one another and
the correspondence is striking:
|
Our European value |
Rights language we recognize in
the UDHR |
|
Human dignity |
Equal dignity and rights; protection of
the person |
|
Live our own lives |
Liberty, privacy, movement, thought,
conscience, religion, expression and association |
|
Equal say |
Participation in government; authority
based on the will of the people |
|
Equal before law |
Non-discrimination and equal protection |
|
Protection from arbitrary power |
Protection against arbitrary
arrest/detention; fair hearing and remedy |
|
Help when needed |
Social security, work, education and
adequate living standards |
|
Free to be different |
Freedom of belief, opinion and
association plus non-discrimination |
|
Honesty and trust |
Not a standalone right; supported by
freedoms of information, opinion and accountable public order |
|
Rules, dialogue, compromise |
Legal remedies, independent hearings,
democratic participation and social order |
|
REQUIRE peaceful resolution |
The Declaration links dignity and equal
rights with freedom, justice and peace |
This does not make the UDHR a European
document. It shows that much of what Europeans came to value belongs to a wider
human-rights tradition. Europe does not own these principles. But expressing
them as rights changes their force.
When a Value Becomes a Claim
If I value freedom of religion, I tell you
what I believe. If I say you have a right to freedom of religion, your freedom
should not depend on whether I approve of your religion. 'We value equality' is
an aspiration; 'all are equal before the law' is a standard against which
treatment can be judged. 'We should help' is a moral preference; social rights
make protection against destitution less dependent on charity or luck.
Values tell us what matters. Rights give the individual a
claim to protection.
The UDHR also rejects unlimited license.
Article 29 recognizes duties to the community and permits lawful limits
necessary to respect others' rights and the general welfare of a democratic
society; Article 30 prevents the Declaration from being used to destroy the
rights it contains.[2] Freedom is protected inside a society of equally free
people.
A Declaration Is Not Yet Protection
The Declaration did not create a worldwide
court through which every individual could enforce every right. Later covenants
and conventions converted many principles into treaty obligations and developed
more specific protections.[4][5] But for our exploration the essential
transition is already visible: the person no longer says only, 'my society
ought to value this.' The person can say, 'this is my right.'
Rights also give us a boundary for looking
outward. Another society may simply be different. But when power intrudes upon
rights we regard as belonging to the person, difference can become something we
judge wrong. And when outside power can reach into our own protected space,
wrong can become threat. That is where our values go to work next.
References
[1] United Nations, Universal Declaration
of Human Rights - History of the Declaration.
[2] United Nations, Universal Declaration
of Human Rights.
[3] United Nations, Drafters of the
Declaration.
[4] United Nations, The Foundation of
International Human Rights Law.
[5] United Nations, Eleanor Roosevelt in
the UN Chronicle (1946-1949): On the Making of the Universal Declaration of
Human Rights.



