|
1. Human Rights is an End In Itself and not Means to
an End
We agree with Professor Upendra Baxi that human rights is an
end it itself and not a mean to some designated end.
"The question is: should HRE (Human Rights Education) be
regarded as an end in itself or a means to some designated end?
The question (not so unimportant as pragmatists might think it
is) needs careful contemplation for on possible answers to it
will depend the future of HRE's legitimation, organization,
accountability, autonomy, pedagogies, performance and
implementation.
The choice is between saying that we ought to pursue HRE in
itself as human right to better achieve all other human rights
and fundamental freedoms or that we ought to promote HRE for ends
like "good governance", "sustainable
development", "economic progress",
"democracy" and "transformation of civil
societies". And the choice is critical, in the sense of the
nature of national structuring of HRE, including of the very
dispensability or expandability of HRE. If we were to regard HRE
as a means for "economic" development in societies
exposed to structural adjustment programmes, for example, only
market-friendly rights will be germane to HRE endeavour;
similarly, cultures which regard patriarchy as 'divinely'
ordained may not consider a regendering of human rights cultures
as critical to many of the 'ends' described above.
The choice has to be clearly made. I believe HRE is important
because it is an end in itself. It is conceivable and a matter of
not just ethical but also political judgment that as and when HRE
mission succeeds it may ill-serve other postulated goals and
ends. This is so because, as Roberto M. Unger has reminded us,
rights typically have in history a destabilising function, a
"context smashing" tendency. Neither of these features
necessarily goes so far as to question the integrity or rationale
of the nation-state itself but acutely interrogate all the
processes of power and authority within state and civil society.
HRE as an end itself seeks to reinforce the processes of
empowerment of every human being in everyday life to experience
freedom and solidarity, not fractured by grids of power and
domination the civil society and state. The ability to perceive
such freedom as not threatening all that is good, true and
beautiful in human achievement is to my mind the summum bonum
that HRE promises us. Mohandas Gandhi used to say that swaraj
(independence, that is just self-rule) brings exercise of freedom
in non-threatening ways to the Other. That, I think, is the
spirit of human right cultures, too. Emmanuel Levians, in a
different idiom, conveyed the same message to us when he evolved
the notion of "difficult freedoms"; HRE, in these
terms, is a movement to achieve the most difficult of these
"difficult freedoms"." [Law and Society Review,
February, 1995]
2. The Link Between the Universal and the Particular,
the Abstract and the Concrete and the global and the Local.
The Draft Asian Charter on Human Rights has been drafted on
the basis that the universal and the particular, the abstract and
the concrete and the global and the local cannot be separated in
any meaningful discussion on human rights. Human rights has to be
relevant to the daily lives of all the people. On this basis the
constant attempt to relate to each social context is at the very
core of a meaningful activism for realization of human rights.
3. Articulation of Principles and Implementation by
Way of Practical Action
While the international bodies have developed principles
relating to human rights in international instruments, the
central task is to realize these principles in actual life, in
social context which in reality deny these rights.
Asian Human Rights Commission
Posted on 2001-11-09
remarks:1 |