The Discourse On Human Rights Essay

1842 Words Oct 20th, 2015 null Page
The discourse on human rights suggests that all human rights must be both both universal and incontrovertible, and some may assume that these terms can be used interchangeably. However, these two terms are very different. The concept of universality, when applied to human rights, suggests that human rights belong to every single person regardless of any personal characteristics. While the concept of incontrovertibility suggests that these rights cannot be negated or taken away by the state (O’Byrne, 2003, pg. 27). So while one concept deals with the application of human rights, the other deals with whether or not this human right can be taken away. The real difference between these two concepts is the fact that neither requires the other (O’Byrne, 2003, pg. 44). Universality does not imply incontrovertibility, and the terms can therefore not be used interchangeably. For instance, one can say that there is a certain right applied to everyone, but it is different to say that this right is inalienable and cannot be taken away. Furthermore, there are many problems that arise from the concept of incontrovertibility. For instance, a certain right can be universal and can be assumed to be incontrovertible, but when certain duties are not upheld by the citizen this right is taken away (O’Byrne, 2003, pg. 47-48). Therefore, the concept of universality still applies to the right when applying it to the masses, but the incontrovertibility of that right is no longer applied to that…

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