Just a guy said:
This here are the 30 articles that makes up the concept of human rights. Here is where the author of the article would like to add the right of owning guns.
http://www.un.org/Overview/rights.html
Ah, the UN's Universal Declaration of Human Rights. I see the problem now.
Most of the authors of this document had/have little understanding of (or just ignore) what rights actually are, thus they often do not make any distiction between primary rights, secondary rights, benefits, and privileges.
Rights are non-contradictory entitlements, contracts, or agreements regarding mutual existence between individuals--IOW, a right is not a right if it violates another's rights, and the recogintion/validity must be reciprocal. In the case of human rights, those agreements are between humans. The only real qualifier for claiming possession of human rights is the ability to claim you are human. For humans, being human is a condition of existence; when a right is conditional only upon existence, that right is a primary right.
Example: The right to defend your life is a primary human right, conditional only upon being alive. It meets the non-contradictory requirement because defending one's life does not necessitate that another defends their own. Regardless, attempting to murder a fellow human is a breach of the agreement, and in self defense one is not obligated to abide by the agreement by sparing, or caring for, a would be murderer's life.
As a human right, the right to defend your life implies that the life defended is a human life. Since this right is contingent only upon existence (and not another right) the human right to defend your life as a human is a primary right.
Secondary rights are those contingent (at least) upon a primary right. Most (if not all) politcal rights are such rights.
Example: The right to vote is a secondary right. Voting is conditional upon the right to defend your life--it is difficult to argue that you have a "right" to vote, if you get shot dead for excersizing that right.
Similarly, (since this is what the tread is really about) the right to firearms is a secondary right because it is contingent upon the right to defend yourself, AND the existence of firearms as a means of infringing upon the human right to self defense, and their effective potential for defending against said infringement. Nobody's right to firearms was being violated in the stone-age.
Benefits are those things made possible by the state of human existence, which is very much affected by the recognition and protection of rights, and also the possession of privileges.
Example: The existence of ice cream is a benefit derived from the free time created when humans no longer need to worry about protecting their lives from the predations of other humans. But ice cream is not a right. The condition of existence, or being human is not contingent upon ice cream. Thus ice cream cannot be the subject of agreement regarding mutual existence.
Privileges are access to benefits. They are not rights, because they are not entitlements, contracts, or agreements regarding existence, nor do they have to be reciprocal, nor do they have to be non-contradictory. Other than the presumption of the existence of benefits, no presumptions are made regarding qualification for possession of privileges.
Example: Owning a car is a privilege. It is presumed that cars exist which is a benefit derived from some notion of rights, yet actually owning, or at least using, a car is a priviledge contingent upon such things as earnings, training, licensing, etc... which are themselves contingent upon other qualifications, but not necessarily the result of reciprocal, non-contradictory agreements. You don't have to give everyone a Mercedes Benz to own one yourself, there is nothing wrong with buying every Mercedes Benz on the planet so that no-one else may have one, and nobody else has to like it--mainly because owning a Mercedes Benz is not a right for anyone else either.
To summarize, there is an enormous difference between what is "rights," and what
derives from rights. Just because benefit X, is made possible by right Z, it does not follow that privilege Y (which is access to benefit X) is the same as right Z.
The above in mind, let's take a look at
the UN's Universal Declaration of Human Rights.
Article 1
This is not really a right at all, but a recognition of the human condition and that human rights are inherently associated with that condition, and that in-so-far as humans are humans, they are equally so.
Article 2
This not really a right either. This is an affirmation of the logical precept that the differences of individuals within a group do not make those individuals within that group outside that group.
Article 3
Clearly a right--a primary right as discussed above.
Article 4
Expansion on article 3--if liberty is indissocialble from the human condition, then slavery is neccessarily an infringement upon the right to liberty.
Article 5
Further expansion on article 3.
Article 6
A secondary right contingent upon the premise of Article 3 and the existence of Law.
Article 7
Affirmation of Articles 3 and 6.
Article 8
Not a right. No effective remedy may exist--for instance, you are executed in violation of Article 3. Where's your remedy?
If there is an effective remedy, that remedy is at least partially the benefit of the recogintion of rights; and access to that benefit (read: priviledge) is contingent upon qualification--i.e., having one's rights infringed upon.
Finally, if that "effective remedy" infringes upon the rights of others who were not party to the initial infringement, then said "remedy" is itself a violation of rights, and cannot be a right itself.
Article 9
Affirmation of Articles 3 and 6.
Article 10
Affirmation and expansion of Aricle 6.
Article 11
Further expansion on Article 6.
Article 12
Affirmation and expansion of Articles 3 and 6.
Article 13
Expansion on Article 3.
Article 14
Affirmation and expansion of Articles 3 and 6 with the special caveat regarding "acts contrary to the purposes and principles of the United Nations"--whatever those may wind up being.
Article 15
Not a right. Nationality is a privilege.
Article 16
Affirmation and expansion on Article 3 in-so-far as "marriage" consitutes the foundation of "the natural and fundamental group unit of society" insuring the continuance of humans, and Article 6 in so far as marriage is an institution recognized by law.
Article 17
Affirmation of Article 1, Article 3, and Article 6.
Article 18
Affirmation of Article 1.
Article 19
Expansion on Article 18.
Article 20
A secondary right derived from Article 3, the benefit of which is the subject of Article 15.
Article 21
Clause (1): A secondary right derived from Article 3 and an affirmation and expansion upon Article 20.
Clause (2): A (secondary) right contingient upon the provision that "public service" is not a benefit derived from the infringement of Articles 3 - 5.
Clause (3): A secondary right based on Articles 3, 6, and 20.
Article 22
Not a right, as it violates Article 4.
Article 23
Clause (1): Is a benefit of Articles 3 and 6.
Clause (2): Is a benefit of Articles 1 and 6, but potentially a violation of Articles 4 and 20.
Clause (3): Is an expansion upon Article 23(1) that potentially violates Articles 4 and 20.
Clause (4): Affirms Article 20.
Article 24
A possible benefit of rights, but not a right.
Article 25
Clause (1): A possible benefit of rights, but not a right because it violates Article 17(2).
Clause (2): "Special care and assistance" is not a right because it violates Articles 1 and 17(2); and "All children, whether born in or out of wedlock, shall enjoy the same social protection" affirms Article 1.
Just a guy said:
LOki said:
I actually think you are going to try to assert that people have a right to food and education.
That wouldn't be nessecary? Everyone must already know that? Again, I'm not sure what you are after. Article 26:
Article 26:<blockquote>(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.</blockquote>Clause (1): Is not a right (the way it's presented here) because it violates Articles 3, 4, 9, 13(1), 17(2) and 20(2). Take awy those provisions that violate rights, and what you end up with is education being a privilege.
Clause (2): Is a benefit of an education being good (except for the Pro-UN propaganda requirement), not a right.
Clause (3): Is a secondary right based on Article 6.
Article 27
Clause (1): Affirms and expands upon Article 20 while potentially violating Article 17(2).
Clause (2): Affirms Article 17.
Article 28
Affirms Article 2.
Article 29
Clause (1): Not a right.
Clause (2): Is not a right, but establishes that rights cannot derive from the infringement of rights. (see where I mention non-contradictory above)
Clause (3): Oh, yeah--not even remotely a right.
Article 30
Expansion on Article 2.
Just a guy said:
Give me a proposition of Article 31? Or peherhaps som text added to Article 3:
"Everyone has the right to life, liberty and security of person."
Interesting assignment. I think rather than creating a separate Article, I'd take your suggestion of adding a clause to Article 3, that follows the vein of Article 30 which places limitations upon the powers of government (in the forms of a State, group or person) to restrict access to those means necessary for the protection of life, liberty and security of person.