1. The Human Being as Subject and Not Object Sherrie Brown LSJ/CHID 434 January 22, 2007

2. 2 What is a Human Right? Is a natural right—every person has certain rights simply by being. Has a moral authority even when not written in law. Is inalienable (not capable of being transferred to another). What government does not give, government cannot take away. Basic standards without which people cannot live in dignity. To violate a human right is to treat other as though he/she is not human.

3. 3 Brief History Idea that everyone—by virtue of his/her humanity—has rights is relatively new. Roots lie in earlier traditions/documents Tradition of “golden rule” Assertions of individual rights—e.g., Magna Carta (1215), English Bill of Rights (1689), French Declaration of Rights of Man and Citizen (1789), US Constitution/Bill of Rights (1791).

4. 4 Historical Antecedents… Efforts in 19 th Century to prohibit slave trade and war. 1919 ILO established to oversee treaties protecting workers’ rights League of Nations at end of WWI Roosevelt’s 1941 State of the Union address—i.e., 4 essential freedoms Nuremberg Trials in Germany and trials in Japan

5. 5 United Nations Charter 1945 Member states pledged to promote respect for human rights of all. Includes “inherent dignity and equal inalienable rights” for all. Established a Commission on Human Rights with task to articulate fundamental rights and freedoms. Eleanor Roosevelt led the effort.

6. 6 Universal Declaration of Human Rights 1948 Influential albeit only a “declaration.” Has achieved status of customary international law because people regard it as a common standard of achievement for all people.

7. 7 Rights-Based Approach to Disability Equal opportunities model is growing— shift from welfare model to rights. What are the underlying philosophical assumptions that drive this change? Quinn and Degener look at the values behind civil rights (socio-economical and political).

8. 8 So… Values give rise to---  Freedoms ---  Supported by Human Rights Law

9. 9 But… Challenge is putting these values into practice in context of disability. Problem is primarily one of the invisibility of people with disabilities Viewed as OBJECTS (problems) not subjects of rights. Law not applied to them in the same way as others or not at all.

10. 10 What are those values? Dignity Autonomy Equality Solidarity

11. 11 Dignity People valued because they are inherently worthy Social construct (difference is not innate) Norm on which one is evaluated and labeled is based on power Serves to both separate and exclude

12. 12 Autonomy Voluntary action: freely made life choices; presumption for self-directed action and behavior Problem with disability? Capacity for moral freedom Society hasn’t done enough to enable exercise of self-determination

13. 13 Equality Evenhandedness by and of the law Equality of Opportunity Equality of results/outcomes

14. 14 Equality of Opportunity The process through which the general system of society, such as the physical and cultural environment, housing and transportation, social and health services, educational and work opportunities, cultural and social life, including sports and recreational facilities, are made accessible to all.

15. 15 Solidarity All rights are interconnected Removal of barriers in civil rights and nondiscrimination law insufficient Often requires additional (affirmative action?) support

16. 16 Reading questions: What is the “social construct” of disability? What are the “premises” of the model? How do the authors define Equality? Civil, political, and socio-economic sets of rights. How are these defined?