The Human Being as Subject and Not Object

Sherrie Brown

LSJ/CHID 434

January 22, 2007

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What is a Human Right? Is a natural right—every person has certain rights

simply by being. Has a moral authority even when not written in

law. Is inalienable (not capable of being transferred to

another). What government does not give, government

cannot take away. Basic standards without which people cannot live

in dignity. To violate a human right is to treat other as

though he/she is not human.

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Brief History Idea that everyone—by virtue of his/her

humanity—has rights is relatively new. Roots lie in earlier

traditions/documents Tradition of “golden rule” Assertions of individual rights—e.g., Magna

Carta (1215), English Bill of Rights (1689), French Declaration of Rights of Man and Citizen (1789), US Constitution/Bill of Rights (1791).

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Historical Antecedents… Efforts in 19th Century to prohibit slave

trade and war. 1919 ILO established to oversee treaties

protecting workers’ rights League of Nations at end of WWI Roosevelt’s 1941 State of the Union

address—i.e., 4 essential freedoms Nuremberg Trials in Germany and trials

in Japan

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United Nations Charter 1945 Member states pledged to promote

respect for human rights of all. Includes “inherent dignity and equal

inalienable rights” for all. Established a Commission on

Human Rights with task to articulate fundamental rights and freedoms.

Eleanor Roosevelt led the effort.

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Universal Declaration of Human Rights 1948

Influential albeit only a “declaration.”

Has achieved status of customary international law because people regard it as a common standard of achievement for all people.

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Rights-Based Approach to Disability

Equal opportunities model is growing—shift from welfare model to rights.

What are the underlying philosophical assumptions that drive this change?

Quinn and Degener look at the values behind civil rights (socio-economical and political).

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So… Values give rise to--- Freedoms --- Supported by Human Rights Law

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But… Challenge is putting these values

into practice in context of disability. Problem is primarily one of the

invisibility of people with disabilities Viewed as OBJECTS (problems) not

subjects of rights. Law not applied to them in the same

way as others or not at all.

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What are those values? Dignity Autonomy Equality Solidarity

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Dignity People valued because they are

inherently worthy Social construct (difference is not

innate) Norm on which one is evaluated and

labeled is based on power Serves to both separate and exclude

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Autonomy Voluntary action: freely made life

choices; presumption for self-directed action and behavior

Problem with disability? Capacity for moral freedom Society hasn’t done enough to enable

exercise of self-determination

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Equality Evenhandedness by and of the law Equality of Opportunity Equality of results/outcomes

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Equality of Opportunity The process through which the general

system of society, such as the physical and cultural environment, housing and transportation, social and health services, educational and work opportunities, cultural and social life, including sports and recreational facilities, are made accessible to all.

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Solidarity All rights are interconnected Removal of barriers in civil rights

and nondiscrimination law insufficient

Often requires additional (affirmative action?) support

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Reading questions: What is the “social construct” of

disability? What are the “premises” of the

model? How do the authors define Equality? Civil, political, and socio-economic

sets of rights. How are these defined?