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Elements of a Theory of Human Rights

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Elements of a Theory of Human Rights
Author(s)Sen, Amartya
AbstractA theory that justifies the granting of human rights to all people is presented to counter critics’ contention that human rights, especially those asserting certain economic and social rights, have been conceived illegitimately. Rather than interpret declarations of human rights as legal documents, it is contended that human rights are essentially ethical demands that can prompt legislation. Attention is subsequently directed toward ascertaining the importance of human rights and identifying the various duties and obligations necessitated by articulations of human rights. The question concerning whether legislation should function as the principal mechanism for executing human rights is then considered; indeed, it is claimed that human rights can be implemented via public discussion, evaluation, and advocacy. Certain economic and social freedoms should be included as human rights even though the construction of corresponding economic and social institutions may be necessary. In addition, issues regarding the defense of human rights and the task of determining whether such rights should be perceived as universal are addressed.
IssueNo1
Pages315-356
ArticleAccess to Article
SourcePhilosophy & Public Affairs
VolumeNo32
PubDateFall2004
ISBN_ISSN0048-3915
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