Rights, Punishment and Human Rights

[W]hen someone violates NATURAL RIGHTS (life, liberty, property, by fraud, theft or violence) we punish them by removing their NATURAL RIGHTS, by imprisoning them. Natural rights are NECESSARY RIGHTS to engage in cooperation via exchanges within society: life, liberty, and property.

We pay for our natural rights by forgoing our opportunity for fraud, theft and violence.

We also pay for access to opportunities to interact with others by paying the cost of effort to deonstrate manners, and the cost of forgone opportunities for stealing from others by respecting ethics and morals.

For violations of normative laws, we are ostracized from opportunity (boycotted) rather than punished or incarcerated. But we retain our natural rights as long as we can find someone to voluntarily exchange with us who does not refuse to boycott us because of our manners, ethics and morals.

However, we do not remove anyone’s HUMAN RIGHTS any longer for any reason. This is in no small part, because we are wealthy enough that deprivation from society and consumption alone are enough to coerce people into respecting both natural laws, and for normative laws.

The international declaration of human rights was created in no small part to control the abuse of individuals by communist countries. It is a DESIRED list of rights. This DESIRED list of rights is a CONTRACT between GOVERNMENTS. This contract is a TREATY. This treaty demands that member countries hold governments accountable for the treatment of individuals, and to sanction those countries if they do not. Even to the point of replacing a government for their abuses of their individuals.

It is important that we understad that this charter is a treaty by governments that like a treaty for the promise of mutual defense, binds other countries such that they are required to use legal, financial and economic sanctions against countries that violate the rights that the charter agrees all people in all countries, regardless of government, possess.

In effect, as a worldwide treaty, it is a worldwide constitution for that limits the powers of governemnts. This is waht RULE OF LAW means: it means that governemtns, and the people in them, are limited to the actions that are allowed in their constitutions. Rule of law does not mean that there are laws. It means that the government itself is bound by law.

The Charter of human rights is a very simple document. It is vaguely divided into sections. The first few are restatements of NATURAL LAW. After that there are a variety of prohibitions against the government, that require that all people in society must be treated equally before the law. That they have the right to live ordinary lives, marry, have a family, make friends, earn a living,

Articles 23, 24, 25, and 26, were necessary to gain the support of the socialist and communist countries, in the same way that the north was required to allow slavery in order to gain the signatures of the south during the american civil war. This is the primary problem with the declaration of human rights: is that these are not possible, not testable, and not achievable except in rare circumstances and for short periods of time – and they create a moral hazard as well as perverse incentives. These are POSITIVE rights. And positive rights can only exist as preferences, not rights.

Article 29 specifies how you PAY FOR HUMAN RIGHTS, and that is by granting them to other people equally. Rights require exchange. Without exchange the term ‘rights’ is meaningless. One does not HAVE human rights as if they fall from heavens. One is granted them by others, and pays for them over one’s lifetime by granting the same rights to others.

Otherwise the document is not terribly different from the American Bill of Rights.

What I hope to get accross here is that these are not divine rights, nor necesary and therefore natural rights, they are human rights, and human rights are those that we choose to require, by threat of force and economic punishment, that all governments must hold to.

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