Theories of Human Rights – Lecture Notes

Vocabulary flashcards summarizing key terms, theories, philosophers, and principles discussed in the lecture on philosophical groundings of human rights.

Human Rights

A sub-set of rights possessed by all human beings simply by virtue of being human, articulated in documents like the UDHR and two Covenants.

Dignity

The intrinsic worth attributed to every person, often cited as the foundational quality that justifies human rights.

Religious Foundation of Human Rights

The view that human rights are grounded in humanity’s creation by God and the sacredness bestowed thereby.

Imago Dei

Biblical idea that humans are created ‘in the image of God,’ used to explain inherent dignity in religious accounts.

Sacredness

A religiously tinged term indicating the intrinsic, non-instrumental value of human life (Dworkin).

R. H. Tawney

Social thinker who argued that believing every person is of infinite importance requires belief in God.

Michael Perry

Philosopher claiming only religious worldviews can intelligibly ground the conviction that every human being is sacred.

Secular Foundation of Human Rights

Justifications that rest on philosophical reason rather than divine authority (e.g., Kant, Gewirth, Sen, Nussbaum, Pogge).

Kantian Dignity

Secular grounding that locates dignity in humanity’s status as rational ‘ends in themselves.’

Alan Gewirth

Philosopher who derives human rights from the moral requirements of rational agency.

Principle of Generic Consistency

Gewirth’s supreme moral rule: ‘Act in accord with the generic rights of your recipients as well as of yourself.’

Freedom (Gewirth)

Control of one’s conduct by unforced choice with knowledge of relevant circumstances—one basic human right.

Well-being (Gewirth)

The general abilities and conditions required for agency—Gewirth’s second basic human right.

Generic Rights

Universal moral rights to freedom and well-being that all rational agents must claim on pain of self-contradiction.

Capability Approach

Framework that evaluates justice by the real opportunities (capabilities) people have to achieve valued ‘functionings.’

Amartya Sen

Economist–philosopher who introduced equality of capabilities as a measure of human freedom and well-being.

Martha Nussbaum

Philosopher who developed a specific list of central human capabilities underpinning a life worthy of dignity.

Capabilities vs. Functionings

Capabilities are real opportunities to do or be something; functionings are the actual achievements chosen from those opportunities.

Life (Capability)

Being able to live a normal length life, not dying prematurely or when life is no longer worth living.

Bodily Health

Capability for good health, nourishment, shelter, and reproductive health.

Bodily Integrity

Capability of secure movement, freedom from violence, sexual autonomy, and reproductive choice.

Senses, Imagination & Thought

Capability to use and enjoy perception, imagination, reasoning, education, artistic expression, and free expression.

Emotions (Capability)

Capability to have attachments, love, grieve, experience gratitude and justified anger without fear or trauma.

Practical Reason

Capability to form a conception of the good and plan one’s life accordingly; central to choice among functionings.

Affiliation

Capability for social interaction, friendship, empathy, self-respect, and protection against discrimination.

Other Species

Capability to live with concern for animals, plants, and nature.

Play

Capability to laugh, play, and enjoy recreational activities.

Control over One’s Environment

Capability to participate politically, hold property, seek work, and influence one’s material and political surroundings.

Institutional Conception of Human Rights

Pogge’s view that human rights are moral claims on a society’s institutional order, not on individual behavior alone.

Thomas Pogge

Philosopher who argues that social institutions have primary duties to respect and uphold human rights.

Official Disrespect

Violation of human rights committed by state or institutional actors acting in their official capacity.

Indirect Official Disrespect

Government failure to prevent third-party violations, reflecting institutional neglect of human rights duties.

Citizenry as Institution

In democracies, the population collectively bears responsibility for ensuring institutions respect human rights.

Minimalism vs. Maximalism (Duties)

Debate between limiting duties to non-interference (minimal) and adding duties of aid and promotion (maximal).

Negative vs. Positive Duties

Negative duties require refraining from rights violations; positive duties require action to secure others’ rights.

Civil-Political vs. Economic-Social-Cultural Rights

Traditional division of human rights between liberties/participation and material/social welfare claims.

Universal Applicability

Claim that human rights hold for all persons everywhere, challenged by cultural relativism debates.

Capability as Basis for Rights

Idea that possessing a capability justifies the corresponding human right to exercise it.

Human Rights Bearers

Entities—primarily individual humans—entitled to human rights; questions arise for children, fetuses, cognitively impaired.

Sacred vs. Secular Language

Tension between religious terms (e.g., sacred, holy) and secular vocabulary used to justify human rights.