What are human rights?
April 16, 2008
Peter Hitchens asks and answers.
The word ‘Rights’ can mean several rather different things. Take the Magna Carta, and its descendants, the English and American Bills of Rights. These fine documents are, for the most part, made up of things which the state is not allowed to do. It cannot imprison us without trial, try us without a jury, billet soldiers on us, search our homes without a warrant, censor the newspapers, force us to incriminate ourselves, take away our weapons or exercise arbitrary power without the consent of Parliament.
If such a Bill were to be drawn up now it would prevent phone-tapping and surveillance, but there is no chance of a modern Parliament or Congress, packed as they are with party placemen and dimwits, passing any such law.
The English Bill is, alas, more or less a dead letter anyway. Most British subjects have never even heard of it and do not know it exists, and many of its requirements are now being breached - especially the one making it illegal to fine someone without trying him.
One observes that much the same thing is happening in Canada, as the fundamental rights of citizens — which classically have been understood to mean the various ways in which citizens are protected from unjust state action or activity — are being eroded, while imaginary rights are being granted.
So a lady with a skin condition has a “human right” not to wash her hands even when working in the food service industry; what does that matter if we all lose the right to speak our minds in open, public forums?
Update: Welcome, Steynians!
