Practicability Of Human Rights

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Rights have been and continue to be violated across the world on both massive and miniscule scales. With rights violations being a constant issue, it is necessary, although it may be difficult, to determine which violations are human rights violations. Two aspects are crucial in this process: universality and paramountcy. Although practicability is also set forth as a criterion by Maurice Cranston, it is not as crucial when determining which acts violate human rights, or when they came into existence. This is due to the fact that when trying to distinguish between rights and human rights, almost all rights, not just specifically human rights, can, in some way, be practicable. For this reason, practicability, for the purpose of this essay, is …show more content…

Jack Donnelly, when making this distinction, set forth the criteria of universality, equality, and inalienability. Using his criteria, the Universal Declaration of Human Rights (UDHR) was the first human rights document, formed out of an overlapping political consensus after World War II (Donelly 25). Donnelly argues early on in his book, Universal Human Rights in Theory and Practice, that in order for rights to be human they must be universal. He goes into more depth about the subject stating that humans obtain human rights merely because they are human beings. Therefore, by his definition of universal, since humans can never become anything other than human, human rights are also inalienable (Donnelly 10). Then there is paramount importance in accordance to the UDHR. This is where my view leads astray from Maurice Cranston. Cranston uses both paramount importance and universality when analyzing "human" rights, but claims the last ten articles of the UDHR are not of paramount importance. To be of paramount importance, it must relieve distress, but not provide pleasure. I argue that the last ten articles are of paramount importance because without them, for example the right to education, one may not be able to get a job provide for himself or herself and will constantly be distressed. Also, without having social interaction or the ability to think for oneself the individual would be being oppressed and could go

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