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Rights and Human Rights

Jeremy Waldron

Open publisher page 4 citations

Abstract

What makes a right a human right? If we were to start in the realm of positive law, we might define human rights more or less by ostension. They are rights listed in certain multilateral treaties and conventions in international law, like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). There is nothing wrong with definition by ostension; no other mode of definition is available for certain terms like simple colour words. But ‘human rights’ is a complex phrase and we should expect an account of its complexity to tell us how the terms it contains – ‘human’ and ‘rights’ – work together to constitute its meaning.

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What this paper is about

What makes a right a human right? If we were to start in the realm of positive law, we might define human rights more or less by ostension. They are rights listed in certain multilateral treaties and conventions in international law, like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). There is nothing wrong with definition by ostension; no other mode of definition is available for certain terms like simple colour words. But ‘human rights’ is a complex phrase and we should expect an account of its complexity to tell us how the terms it contains – ‘human’ and ‘rights’ – work together to constitute its meaning.

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Available abstract

What makes a right a human right? If we were to start in the realm of positive law, we might define human rights more or less by ostension. They are rights listed in certain multilateral treaties and conventions in international law, like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). There is nothing wrong with definition by ostension; no other mode of definition is available for certain terms like simple colour words. But ‘human rights’ is a complex phrase and we should expect an account of its complexity to tell us how the terms it contains – ‘human’ and ‘rights’ – work together to constitute its meaning.

Key concepts: International Covenant on Civil and Political Rights, Human rights, Covenant, Cultural rights, Political science, Fundamental rights, Law, International human rights law

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