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Americans live in a country founded on the concept of individual rights, but human rights experts say more work still needs to be done teaching people what rights actually are, where they come from, and how their neighbors’ rights intertwine with their own.
A major new initiative from the Carr Center for Human Rights Policy will seek to bridge that gap, particularly in the area of how individual rights are inextricably linked to societal responsibility. The two-year research initiative is titled “Renewing Rights and Responsibilities in the US.”
“We want to get people to think about human rights and to remind them of their relevance,” said Mathias Risse, the Lucius N. Littauer Professor of Philosophy and Public Administration and faculty director of the Carr Center. “We want to remind people of the content of the American Declaration of Independence and the Universal Declaration of Human Rights, and to remind people of the significance of looking after every single person. That’s really the purpose of this initiative.”
Authoritarian democracy is on the march on both sides of the Atlantic. Despite alarming parallels, the U.S. remains better positioned to preserve and rebuild true democracy.
The election of Donald Trump shows what happens when democracy misfires. It echoes recent developments in Europe, most notably in Hungary and Poland, where elected leaders are attacking democratic pluralism, minority rights, and civil liberties, keeping the forms of democracy without the substance. The same trends are proceeding in France, the Netherlands, the U.K., and other European democracies where far-right parties under the banner of populist nationalism are pursuing racist and xenophobic objectives.
Having returned to the United States this fall after seven years in Hungary, I am struck by the shocking parallel between what is happening in Europe and here at home. The Trump election signals a sharp turn toward the populist far right. The presidential campaign was marked by the denigration of women and minorities and the rhetoric of racial extremism. The president-elect’s early appointments include people with these views. Civil liberties are threatened. Foreign alliances are in jeopardy. The risk of war is heightened.
The distinctively human life generates claims, and their form is that of natural rights. However, explorations of how the distinctively human life generates obligations lead only to a rather limited set of rights—basic security and subsistence rights. Inquiries into another nonrelational ground also produce rather limited results. That ground is humanity's collective ownership of the earth. The principle of justice associated with it merely requires an equal opportunity to use natural spaces and resources for the satisfaction of basic needs. In particular, this result is incompatible with any kind of welfarist commitment. The sheer fact that anybody's welfare as such would be lowered or raised is not a matter of justice. If people share associations with each other (membership in a state, or being connected by trade, say) we can derive obligations from their shared involvement with these associations. But unless people do indeed share such associations, the obligations that hold among them will be rather limited.
The Taliban movement commands the loyalty of thousands of Afghans and applies resources and men to the pursuit of political objectives, guided by doctrine and inspired by rhetoric. Taliban rhetoric consists of religious and historical references, narratives of recent events, and guidance for Taliban sympathizers. The rhetoric asserts that the Taliban are engaged in a righteous jihad aimed at establishing a divinely ordered Islamic system in Afghanistan. Taliban doctrine focuses on internal affairs and in particular on maintaining cohesiveness. The Taliban are ruthless in enforcing their doctrine of obedience to the amir, or leader. The movement has retained a narrow social base, and its power is concentrated in the hands of mullahs from the Kandahari Pashtun tribes. Any project to build a plural Afghanistan is likely to include an appeal to the Taliban or the constituency they have mobilized. The Taliban’s own attempts to regain power rest on a negation of pluralism, rejection of a popular mandate, and assertion of the divine right vested in their Islamic emirate. A Taliban rhetoric of peace would require addressing the position of the Taliban’s amir, peace as a desirable state, the need for cohesiveness and unity in support of peace, celebration of the withdrawal of foreign troops, Islamic credentials of the government in Kabul, protection of those who sacrificed for the Taliban, peace as conclusion of the jihad, and the new role for the Taliban’s cadres. After 2014, the Taliban leadership is vulnerable to a hard-line challenge arguing that the political system in Kabul is irredeemably compromised by its collaboration with unbelievers.
Building on the work of Iris Marion Young in her posthumous book, Responsibility for Justice, in The Hidden Face of Rights, I argue that all actors socially connected to structural injustice and able to act, need to take action to address the injustice. One problem with the word responsibility is that people often use it in the common legal meaning focused on who is to blame or liable. This is what Iris Young has called backward-looking responsibility or the “liability model.” She focused on political responsibility that is forward-looking. This kind of responsibility asks not “who is to blame,” but “what should we do?” Forward-looking responsibility is necessary to address the Coronavirus pandemic and to think about what we should do in the world after the pandemic. I also draw on Max Weber’s idea of an ethic of responsibility in Politics as a Vocation to stress that it is not enough to act with good intentions. We also need to have done our research about the most effective way to act so that our actions have the impact we seek.
This framework is useful in the context of the Coronavirus crisis because it involves both a range of rights and responsibilities of many actors. Our right to health, but also rights to liberty, freedom of movement, to education, to information, to food and shelter are all at stake. As countries ramp up exclusionary travel and border policies, some of these rights may be imperiled, and governments need to strike a balance between protecting the health and respecting human rights, as the WHO Secretary General recognized in his briefing on March 12. A quarantine is a legitimate state policy in times of health emergencies, but the state must attend to the rights of individuals caught in the quarantine to adequate health care, food, and shelter.
A standoff between the United Nations World Food Program and Houthi rebels in control of the capital region is threatening the lives of hundreds of thousands of civilians in Yemen.
Alarmed by reports that food is being diverted to support the rebels, the aid program is demanding that Houthi officials allow them to deploy biometric technologies like iris scans and digital fingerprints to monitor suspected fraud during food distribution.
The Houthis have reportedly blocked food delivery, painting the biometric effort as an intelligence operation, and have demanded access to the personal data on beneficiaries of the aid. The impasse led the aid organization to the decision last month to suspend food aid to parts of the starving population — once thought of as a last resort — unless the Houthis allow biometrics.
Gerald L. Neuman is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, and the Co-Director of the Human Rights Program at HLS. He teaches human rights, constitutional law, and immigration and nationality law. His current research focuses on international human rights bodies, transnational dimensions of constitutionalism, and rights of foreign nationals. He is the author of Strangers to the Constitution: Immigrants, Borders and Fundamental Law (Princeton 1996), and co-author of the casebook Human Rights (with Louis Henkin et al., Foundation Press).
This article provides a reflection on how the Law has attempted to deal with some of the main afflictions of our time, facing demands that include the needs to (i) keep the technological revolution on an ethical and humanistic track, (ii) avoid that democracy be perverted by populist and authoritarian adventures and (iii) prevent solutions to climate change from coming only when it is too late. At a time when even the near future has become unpredictable, Law cannot provide a priori solutions to multiplying problems and anxieties. When this happens, we must set clear goals for the future of humanity, basing them on the essential and perennial values that have followed us since antiquity.









