schools of though on human rights

natural

rights given because we’re human

independent and pre eminent of legal recognition

grounded in natural reasoning, God and human dignity

primarily create negative obligations on the state (e.g do not torture)

key scholars: Donnelly, Gerwith, Goodale

deliberate

rights agreed upon through politics, constitutional processes, and democratic deliberation

focus on constitutional law, democratic procedures and fair decision making

rights function as frameworks for political decision making rather than inherent moral values

key scholars: Ignatieff, Habermas

protest

rights emerge through social struggles against injustice

focus on oppression, inequality, activism and social movement

human rights law can become bureaucratic/elistist as institutions may dilute radical human rights goals

key scholars: Derrida, Stammers, Baxi, Nash

discourse

rights exist as political discourse/language

not real moral truths and function as rhetoric frameworks for political claims

may reinforce Western liberal ideology, obscure power relations, and support global capitalism/imperialism

key scholars: Mutua, MacIntyre