What Human Rights Are Not: Rethinking Their Essence and Limitations

Often, discussions about human rights conflate various concepts and entitlements, leading to confusion and misinterpretation. This article aims to reframe our understanding of human rights, elucidating their nature and limitations. Through this exploration, we will delve into the core ideas that shape our societal constructs and the contexts in which they operate.

Introduction to Human Rights

Human rights are not something that is bestowed by a greater force; rather, they are inherent and endowed by their creators. This inherent quality does not mean that everyone else has to provide or support these rights. Instead, it implies that individuals have the inalienable right to act and live as they choose, subject only to the reciprocal right of others to do likewise. These rights are equal for everyone, with no person having more or less than another in terms of freedom and responsibility.

Understanding Intrinsic Rights

In a world where terms like "intrinsic rights" and "fundamental rights" are thrown around, it's crucial to recognize that there are no such things as fundamental or intrinsic rights. The notion of an intrinsic right is built on a flawed premise, suggesting that some rights are inherently part of our being as human beings. However, in reality, all rights are socially constructed and subject to change over time and across cultures. The absence of intrinsic rights underscores the importance of recognizing and respecting the rights we have created and agreed upon as a society.

The Nature of Human Rights and Their Application

While we may have a decentralized and diverse range of rights and entitlements, the very concept of individual rights has not been universally accepted or recognized. Throughout history, rights have been subject to change, extension, and suppression. This fragility and adaptability are both the strength and the vulnerability of human rights. They allow for a broad application but are also susceptible to erosion and diminishment.

Human rights are powerful and precious because they are agreements that allow each other the agency and security to experience and express that agency. They have been fought for, debated, and even died for, yet they have also been restricted, extended, and suppressed. Our collective ability to create these social constructs and cultures of agreement is a remarkable feat of our species, one that balances our societal compassion and destructive tendencies.

The Role of Proactive Social Constructs

While human rights are not intrinsic, they are unarguably and universally recognized as something we have created. Many of these rights, as articulated in documents like the UN Charter of Human Rights and the US Bill of Rights, are fundamental to our survival and individual agency. However, these rights are not fixed or universal; they are continuously evolving and adapting to better serve the societies that adopt them.

So, while we may not have any basic or fundamental rights in the absolute sense, the rights we have recognized and accorded to ourselves are incredible and remarkable. Protecting and respecting these rights is crucial for the continued evolution of our societies. It is worth noting that there is no definitive list of the most important or essential human rights, as priorities can vary based on context and cultural values. However, the rights that ensure basic survival and individual agency, as well as those that aim to minimize harm, are likely to be among the most critical.

Ultimately, the essence of human rights lies in our collective agreement to respect and protect the agency and security of every individual, even as we recognize the complex and ever-evolving nature of these agreements.