1. The Human Being as Subject and Not Object
5/25/2019
Sherrie Brown
LSJ/CHID 434
January 23, 2008

2. What is a Human Right?
Is a natural right—every person has certain rights simply by being.
Has a moral authority even if not written in law.
Is inalienable (not capable of being transferred to another).
What government does not give, government cannot take away (legal theory).
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. 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. Historical Antecedents…
Efforts in 19th 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. 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. Universal Declaration of Human Rights 1948
Influential albeit only a “declaration.”
Has achieved status of customary international law because . . .
International community regards it as a common standard of achievement for all people.

7. Rights-Based Approach to Disability
Equal opportunity 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. So… Values give rise to--- Freedoms ---
Such as?
Freedoms ---
Supported by Human Rights Law.

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

10. What are those values?
Dignity
Autonomy
Equality
Solidarity

11. Dignity People valued because they are inherently worthy.
Applying this value to disabled individuals?
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. Autonomy
People should be able to freely make life choices; presumption for self-directed action and behavior.
Problem in applying to disabled individuals?
Reality that some are dependent to greater degree than nondisabled individuals.
Society hasn’t done enough to enable exercise of self-determination.

13. Equality Requires evenhandedness by and of the law.
How do we ensure this with disabled individuals?
Equality of Opportunity?
Equality of Results/Outcomes?
Maybe we can’t?

14. Equality of Opportunity
The process through which the general system(s) 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 accessible to all.
What does accessible to all mean?
How do you measure this?

15. Solidarity Concept that all rights interconnected.
To achieve this for disabled individuals?
Removal of barriers in civil rights and/or nondiscrimination law insufficient.
Often requires additional (affirmative action?) support or efforts.

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?

17. How you defined Equality…
Whether substantive or formal (objective) means applying congruent criteria/treatment/perspective to similarly situated persons.
Similar opportunities, expectations, respect for everyone. No one group is given significant advantage and that no one group is held back.
Means treatment or actions that are done with fairness and justice to all members involved, without exclusion or different treatment to one person or one group of persons.
Treatment of all people by the same standards.
Fair treatment.
A state of social justice in which utility and social benefit is equally divided among humankind.
Level playing field; same opportunity; something is protected for everyone, something is ensured/guaranteed.
Fair treatment and opportunity for everyone without arbitrary restrictions on particular groups.