Human rights inflation

Last updated October 10, 2024

The concept of human rights inflation describes the expansion of human rights claims, potentially diluting the significance of fundamental rights.^[1] Critics argue that this broadening of scope blurs the distinction between essential and non-essential rights, making it harder to enforce and protect core human rights. The term has been in use since the mid-20th century, reflecting concerns about the proliferation of rights claims and their impact on legal and social systems.^[2]

The theoretical basis for human rights inflation includes arguments from philosophers like Zhao Tingyang, who suggest that the proliferation of rights can lead to societal instability and value confusion.^[3] Karel Vasak's framework of three generations of human rights—civil and political rights, socio-economic and cultural rights, and solidarity rights—illustrates this expansion.^[4] Critics contend that adding socio-economic and solidarity rights complicates enforcement due to their resource-intensive nature.^[5]

Scholarly perspectives vary, with Michael Ignatieff viewing the expansion as necessary to uphold equality and human dignity, while Upendra Baxi emphasizes the need to recognize expanded rights to address systemic inequalities and marginalization.^[6] The broader implications of human rights inflation include challenges in resource allocation and the enforcement of socio-economic rights. Critics argue that the resources needed for these rights could undermine the enforcement of traditional civil and political rights, impacting political discourse and legal frameworks.^[2] These debates highlight the dynamic nature of human rights and the need to balance traditional concepts with contemporary societal needs.^[7]

Definition

The concept of "human rights inflation" refers to the phenomenon where the scope of human rights claims expands, potentially diluting the significance of fundamental rights. This idea suggests that as more types of claims are classified as human rights, the distinction between essential and non-essential rights becomes blurred. Critics argue that this can lead to a devaluation of core human rights, making it more challenging to enforce and protect those rights that are considered foundational. The term has been in use since the mid-20th century, reflecting ongoing concerns about the proliferation of rights claims and their implications for the legal and social systems.^[8]

Theory

The theoretical underpinnings of human rights inflation involve several key arguments. Philosophers like Zhao Tingyang argue that prioritizing human rights above all else inevitably leads to a proliferation of claimed rights. Zhao suggests that if demands for certain kinds of freedoms and interests can be made into rights, then any and all demands can be similarly claimed as rights. This dynamic, Zhao contends, leads to confusion about values and can cause societal instability.^[9]

Karel Vasak's framework of three generations of human rights illustrates this expansion. The first generation includes civil and political rights; the second encompasses socio-economic and cultural rights; and the third consists of solidarity rights, such as the right to a healthy environment and the right to development. Critics of human rights inflation argue that the addition of second and third-generation rights complicates the enforcement of these rights, which are resource-intensive and harder to guarantee compared to the more straightforward civil and political rights.^[10]

Michael Ignatieff provides a scholarly perspective on this issue, suggesting that the evolving interpretation of human rights frameworks to include contemporary issues is not merely an inflation but a necessary adaptation to uphold principles of equality and human dignity. Ignatieff acknowledges that while the expansion of rights is contentious, it reflects broader societal changes and the need to address contemporary challenges.^[11] Conversely, Upendra Baxi emphasizes the importance of recognizing these expanded rights to address systemic inequalities and marginalization, arguing that failing to do so perpetuates injustices and social disparities.^[12]

Broader implications

The broader implications of human rights inflation include concerns about resource allocation and the practical challenges of enforcing socio-economic rights. Critics argue that the extensive resources required to fulfill these rights could undermine the enforcement of traditional civil and political rights. Additionally, the concept of human rights inflation impacts political discourse and legal frameworks, often leading to debates over the balance between maintaining fundamental rights and incorporating newer socio-economic rights.^[13] These discussions highlight the dynamic nature of human rights and the ongoing need to balance traditional concepts with contemporary societal needs.

Examples: same-sex marriage and transgender rights

The inclusion of same-sex marriage and transgender rights in the human rights discourse is often cited as a prominent example of human rights inflation. Critics argue that expanding the scope of human rights to include these issues may dilute the importance of more traditional, fundamental rights.^[13]

Same-sex marriage

The recognition of same-sex marriage as a human right has been a contentious issue. Critics of human rights inflation argue that the expansion to include same-sex marriage undermines the traditional concept of family rights as initially envisioned. However, supporters argue that this expansion is a necessary evolution to ensure equality and non-discrimination. For instance, the Inter-American Court of Human Rights has ruled that the protection of family relationships must extend to same-sex couples, interpreting this inclusion as consistent with the original intentions of human rights frameworks, despite not being explicitly stated by the drafters of foundational human rights documents.^[14]

Michael Ignatieff discusses this phenomenon, noting that the evolving interpretation of family rights to include same-sex marriage reflects broader societal changes and the need to adapt human rights frameworks to contemporary issues. This perspective suggests that the expansion is not an inflation but a necessary adaptation to uphold the principles of equality and human dignity.^[11]

Transgender rights

Similarly, the recognition of transgender rights has been a focal point in debates over human rights inflation. The inclusion of rights specific to transgender individuals, such as the right to change one's legal gender and protection against discrimination, is seen by some as an overextension of human rights. Yet, this expansion is argued to be crucial for addressing the unique challenges faced by transgender individuals.^[15]

The Trans Rights Indicator Project (TRIP) provides an extensive analysis of transgender rights across various legal systems, highlighting the disparities and the necessity for inclusive policies.^[16] Furthermore, Upendra Baxi discusses the implications of expanding human rights to include transgender protections, emphasizing the importance of recognizing these rights to address systemic inequalities and marginalization.^[12]

Scholarly perspectives

The debate over human rights inflation in the context of same-sex marriage and transgender rights encapsulates broader concerns about the evolution and adaptability of human rights frameworks. Critics argue that such expansions may weaken the perceived value of fundamental rights, while proponents contend that they are essential for ensuring comprehensive protection and equality for all individuals.^[17] This tension highlights the dynamic nature of human rights and the ongoing need to balance traditional concepts with contemporary societal needs.^[8]

Related Research Articles

Egalitarianism, or equalitarianism, is a school of thought within political philosophy that builds on the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all humans are equal in fundamental worth or moral status. As such, all people should be accorded equal rights and treatment under the law. Egalitarian doctrines have supported many modern social movements, including the Enlightenment, feminism, civil rights, and international human rights.

Human rights are moral principles or norms that establish standards of human behaviour and are regularly protected as substantive rights in municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because he or she is a human being" and which are "inherent in all human beings", regardless of age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at all times in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law, and imposing an obligation on individuals to respect the human rights of others; it is generally considered that they should not be taken away except as a result of due process based on specific circumstances.

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are an important concept in law and ethics, especially theories of justice and deontology.

Heteronormativity is the concept that heterosexuality is the preferred or normal sexual orientation. It assumes the gender binary and that sexual and marital relations are most fitting between people of opposite sex.

The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg. He used the term at least as early as November 1977. Vasak's theories have primarily taken root in European law.

Equality of outcome, equality of condition, or equality of results is a political concept which is central to some political ideologies and is used in some political discourse, often in contrast to the term equality of opportunity. It describes a state in which all people have approximately the same material wealth and income, or in which the general economic conditions of everyone's lives are alike.

Liberal feminism, also called mainstream feminism, is a main branch of feminism defined by its focus on achieving gender equality through political and legal reform within the framework of liberal democracy and informed by a human rights perspective. It is often considered culturally progressive and economically center-right to center-left. As the oldest of the "Big Three" schools of feminist thought, liberal feminism has its roots in 19th century first-wave feminism seeking recognition of women as equal citizens, focusing particularly on women's suffrage and access to education, the effort associated with 19th century liberalism and progressivism. Liberal feminism "works within the structure of mainstream society to integrate women into that structure." Liberal feminism places great emphasis on the public world, especially laws, political institutions, education and working life, and considers the denial of equal legal and political rights as the main obstacle to equality. As such liberal feminists have worked to bring women into the political mainstream. Liberal feminism is inclusive and socially progressive, while broadly supporting existing institutions of power in liberal democratic societies, and is associated with centrism and reformism. Liberal feminism tends to be adopted by white middle-class women who do not disagree with the current social structure; Zhang and Rios found that liberal feminism with its focus on equality is viewed as the dominant and "default" form of feminism. Liberal feminism actively supports men's involvement in feminism and both women and men have always been active participants in the movement; progressive men had an important role alongside women in the struggle for equal political rights since the movement was launched in the 19th century.

Equality feminism is a subset of the overall feminism movement and more specifically of the liberal feminist tradition that focuses on the basic similarities between men and women, and whose ultimate goal is the equality of both genders in all domains. This includes economic and political equality, equal access within the workplace, freedom from oppressive gender stereotyping, and an androgynous worldview.

Sex segregation, sex separation, sex partition,gender segregation,gender separation, or gender partition is the physical, legal, or cultural separation of people according to their biological sex or gender at any age. Sex segregation can refer simply to the physical and spatial separation by sex without any connotation of illegal discrimination. In other circumstances, sex segregation can be controversial. Depending on the circumstances, it can be a violation of capabilities and human rights and can create economic inefficiencies; on the other hand, some supporters argue that it is central to certain religious laws and social and cultural histories and traditions.

Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

Substantive rights are basic human rights possessed by people in an ordered society and include rights granted by natural law as well as substantive laws. Substantive rights involve a right to the substance of being human, rather than a right to a procedure to enforce that right, which is defined by procedural law. One example of substantive right is substantive equality. Substantive equality is concerned with equality of outcome for all subgroups in society including disadvantaged and marginalized groups. Substantive rights are contrasted with procedural rights, which are purely formal rules of law that only prescribe how a law ought to be enforced, rather than defining the outcome of a law. One example of procedural rights is formal equality of opportunity.

<i>The Constitution of Liberty</i> 1960 book by Friedrich von Hayek

The Constitution of Liberty is a book written by Friedrich Hayek, first published in 1960 by the University of Chicago Press. Many scholars have considered The Constitution of Liberty as the most important work by Hayek.

The Center for Economic and Social Rights is an international human rights NGO that aims to transform the dominant global economic system into one based on human rights standards that provides dignity for all people and protects the planet.

<span class="mw-page-title-main">LGBT rights in the Marshall Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Marshall Islands may face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in the Marshall Islands since 2005, and discrimination on the basis of sexual orientation and gender identity has been outlawed in all areas since 2019. Despite this, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized.

Tuvalu is a small island nation in the South Pacific, located North of Fiji and North West of Samoa. The population at the 2012 census was 10,837. Tuvalu has a written constitution which includes a statement of rights influenced by the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights. While most human rights in Tuvalu are respected, areas of concern include women’s rights and freedom of belief, as well as diminishing access to human rights in the face of global warming. The latter has played a major role in the implementation of human rights actions in Tuvalu given its geographical vulnerability and scarce resources.

Women's empowerment may be defined in several method, including accepting women's viewpoints, making an effort to seek them and raising the status of women through education, awareness, literacy, equal status in society, better livelihood and training. Women's empowerment equips and allows women to make life-determining decisions through the different societal problems. They may have the opportunity to re-define gender roles or other such roles, which allow them more freedom to pursue desired goals.

In feminist theory, heteropatriarchy or cisheteropatriarchy, is a socio-political system where (primarily) cisgender and heterosexual males have authority over other cisgender males, females, and people with other sexual orientations and gender identities. It is a term that emphasizes that discrimination against women and LGBT people is derived from the same sexist social principle.

Homonationalism is the favorable association between a nationalist ideology and LGBT people or their rights.

Substantive equality is a substantive law on human rights that is concerned with equality of outcome for disadvantaged and marginalized people and groups and generally all subgroups in society. Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systemic discrimination.

References

↑ Theilen (2021): "Worries about the inflation of human rights are not new – indeed, they can be traced back at the very least to mid-century responses to the Universal Declaration of Human Rights (UDHR)."
1 2 Han (2020); Kaisary (2022).
↑ Zhao (2018): "既然超越了善，权利优先原则就必定蕴含着一个关于权利的悖论：假如对某种自由和利益的要求可以被搞成一种权利，那么任何一种并且所有对自由和利益的要求就都可以按照同样理由被搞成权利。这个悖论将是价值混乱和社会失控的根源，而且已经开始表现在人权的实际发展状况中。" ["If a demand for certain kinds of freedoms and interests can be made into a right, then any and all demands for freedoms and interests can be made into rights on the same grounds."]
↑ Kaisary (2022) , p. 84: "[...] liberté (first-generation civil and political rights), égalité (second-generation socio-economic and cultural rights) and fraternité (third-generation rights of solidarity)."
↑ Theilen (2021): "It is remarkable, in particular, how consistently socio-economic human rights in the form of welfare rights have been denied the status of 'real' human rights on the basis of the anti-inflation mindset."
↑ Baxi (2001); Zhao (2018).
↑ Zhao (2018).
1 2 Theilen (2021).
↑ Han (2020).
↑ Kaisary (2022).
1 2 Ignatieff (2014).
1 2 Baxi (2001).
1 2 Ignatieff (2014); Theilen (2021).
↑ Ignatieff (2014); Inter-American Court of Human Rights (n.d.).
↑ Stryker (2008); Baxi (2001).
↑ Stryker (2008).
↑ Theilen (2021); Ignatieff (2014).

Works cited

Baxi, Upendra (2001). "Too Many, or Too Few, Human Rights". Human Rights Law Review. 1: 1–10. doi:10.1093/hrlr/1.1.1.
Han, Sang-Jin (1 January 2020). "A Universal but Non-Hegemonic Approach to Human Rights in International Politics". Confucianism and Reflexive Modernity: Bringing Community back to Human Rights in the Age of Global Risk Society. pp. 102–117. doi:10.1163/9789004415492_008. ISBN 978-90-04-41549-2.
Ignatieff, Michael (2014). "Rights Inflation and Role Conflict in the Office of the High Commissioner for Human Rights". The United Nations High Commissioner for Human Rights Conscience for the World. Brill. pp. 33–44. ISBN 9789004254251.
Inter-American Court of Human Rights (n.d.). Advisory Opinion OC-24/17, Gender Identity, and Equality and Non-Discrimination of Same-Sex Couples (Report).
Kaisary, Philip (2022). "The Haitian Revolution and Socio-economic rights". In Jensen, Steven L. B.; Walton, Charles (eds.). Social Rights and the Politics of Obligation in History. Human Rights in History. Cambridge: Cambridge University Press. ISBN 978-1-009-02066-4.
Stryker, Susan (2008). Transgender History. Seal Press.
Theilen, Jens T. (2021). "The inflation of human rights: A deconstruction". Leiden Journal of International Law. 34 (4): 831–854.
赵汀阳 (2018-12-18). ""预付人权"：一种非西方的普遍人权理论". 中国社会科学网. Archived from the original on 2021-05-18.