Essay about Legal Ethics Of Human Rights
Having come to the conclusion that there may not always be a reason for human rights to be enshrined as legally enforceable entitlements, invites an exploration of whether , indeed doing so could be unduly restrictive, inappropriate or even counter intuitive, I will address these three claims in turn
1. Legal enshrinement of a human right as a legally enforceable right may unduly restrict our contemporary list of human rights
To enshrine a human right as a legally enforceable entitlement requires determination of who bears the relevant duties of that right, and what must be done to realise them. For a human interest to generate a human right it needs to infer a duty upon others to respect and protect that interest beyond set thresholds of burdensomeness and impossibility.
The task of identifying the duty bearer and a specification of what is owed to the right holder becomes difficult in response to social and economic rights, often termed ‘welfare rights’. Welfare rights are often interpreted to impose greater positive duties upon duty bearers, and the implication of this may be that it removes these rights form the status of bona fide human rights as they resist identification of who, and especially what, must be done to realise such rights.
2. Legal enshrinement of a human right as a legally enforceable right can be inappropriate
Amartya Sen rightly recognises that making all human…