Introduction
Freedom
is one of the most powerful ideas in human history, but also one of
the most elusive. Defining freedom and the set of human rights
associated with it remains a profound challenge for crafters of
national constitutions as well as international
treaties.
The
intellectual origins of this idea stretch back almost 800 years to
the Magna Carta. Only in the 200 years since the American and
French Revolutions has freedom become a major driving force for
political development and the spread of democracy, the
political system that to the greatest extent embodies the
individual citizen's inalienable rights as a free moral agent.
Today, the idea of expanding the reach of democracy is a central
theme of President George W. Bush's "freedom agenda," but it
remains as controversial as ever.
In this
relatively short time span, countless political and
intellectual movements have laid claim to the word "freedom." It
has come to be associated with everything from the "right to life"
to the "right to a state-funded standard of living." Accordingly,
to understand properly the role that concepts like freedom and
political and economic rights play in the governance of nations and
international organizations, identifying the source of the
different definitions of these same concepts is
essential.
Today,
the United States is part of an international system of governance
largely organized in the post- World War II era. Its institutions
range from diplomatic institutions like the United Nations and
its associated bodies to financial institutions like the
International Monetary Fund and the World Bank to military
organizations like NATO to more informal groupings like the
G-8. Many others have been added in the intervening years, like the
International Criminal Court, and some have been viewed
unfavorably by various U.S. Administrations, particularly
Republican Administrations.
In
international fora, ambiguities and downright disagreements over
the meaning of the concepts of freedom and human rights can be
significant stumbling blocks to the conduct of U.S. foreign
policy. The American understanding of freedom-based on the right of
the individual to "life, liberty, and the pursuit of happiness" as
expressed in the Declaration of Independence-is often quite
different from definitions embraced by other countries,
particularly those from a Communist, Socialist, or even
Continental European tradition.
In
economic rights, the Anglo-Saxon and Continental European
traditions tend to come into direct conflict. The Anglo-Saxon
tradition of Adam Smith and John Stuart Mill asserts that economic
and political freedoms are indivisible, that they adhere to the
individual and his enlightened self-interest, and that one cannot
exist without the other. Political freedom in the absence of
economic freedom becomes a mere token and does not involve the
exercise of real individual choice or power. Economic freedom
in the absence of political freedom can exist only up to a point,
beyond which it becomes a threat to the political leadership of the
moment. Emphasis on one or the other tends to endanger
both.
It is
therefore beside the point to ask which precedes
which-political or economic freedom- as the very same civil and
governmental institutions guarantee the development and
security of both. For instance, the right to own property, along
with the judicial framework that protects it, is a fundamental
political right without which economic development is severely
hampered or even made impossible. Equally fundamental is the
freedom to sell one's own labor or to trade the fruits of that
labor without undue interference from centralized government.
Allowing the individual the freedom to act in accordance with
his enlightened self-interest is what causes market economies to
thrive.
In the
development of the free-market economies of the West, these
principles of economic and political freedom have proven
themselves time and again, and they have done so in the nations of
the former Socialist bloc that have adopted democracy and
free-market economics together since the end of the Cold War.
Equally illustrative is the spectacular failure of the Soviet
economic system of central planning and state ownership of
enterprises and resources, despite the Soviet Union's enormous
wealth in terms of labor force and natural resources.
Today,
the argument over the primacy of economic or political rights
is often couched in terms of the development of the Chinese economy
and political systems. There is little doubt, though, that China
will never fulfill its true economic potential until guarantees of
political freedom are allowed to unleash the enormous creativity of
the Chinese people.
This
paper explores the crucial distinctions between real and perceived
human, political, and economic rights. Getting the terminology
right in our discourse with other nations is crucial for
correcting the Socialist bias, which is derived from a
different understanding of "rights" that often dominates
thinking in international institutions. It is time to change the
ground on which international discourse takes place and to bring it
back to the basic definition of human rights and freedom that
serves as a cornerstone of conservative thinking.
Definition of Terms: Philosophical
Underpinnings
Tracing
the philosophical and intellectual origins of freedom reveals that
a disparity has existed for centuries between the notions of
individual freedom brought forth by the American Revolution
and the collectivist overtones of the European philosophical
tradition. Understanding these historical origins is key to
understanding the use of freedom in contemporary usage.
The
English liberal tradition and the American Revolution provided a
crucible in which the ideas of John Locke, Edmund Burke, David
Hume, and Thomas Jefferson were molded into the American concept of
individual freedom. At its core, this tradition of freedom is
rooted in the natural rights of man. Natural rights are derived
from the idea of common human nature and, as such, are
inalienable. They cannot be bought, sold, or taken away. The
highest priority in this tradition is the right of life, liberty,
and security of person.
Arising
from a Lockean interpretation of natural rights, the right to life,
liberty, and security is acknowledged in the Declaration of
Independence and is the basis for the U.S. Constitution. From this
definition emerges a picture of freedom that seeks to liberate the
individual's creative and intellectual capabilities. Additionally,
the legacies of Voltaire, Jefferson, and the Magna Carta promote
freedom of thought, consciousness, and religion, which are
guaranteed by the First Amendment to the U.S. Constitution. The
freedoms of opinion, expression, and assembly are the philosophical
descendents of the English Bill of Rights of 1689 and were
advocated by the likes of Voltaire, Thomas Paine, and Thomas
Jefferson.
In
addition to providing intellectual and creative freedoms, the
individualist tradition sought to define freedom externally, in
relation to society. Individual freedom is predicated on the right
to life; therefore, that right should be equally protected
before the law. Government is necessary to secure these rights,
with the consent of the governed, and should do so with blind
justice. These are ideas that can be traced to John Locke and the
Magna Carta.[1]
The right
to be free from slavery is a further extension of the natural
rights of man and one of the core tenets of liberalism. As Locke,
Montesquieu, Hume, and Jefferson pointed out, however, the
individual must be free not only from enslavement to others,
but also from enslavement to the government. They sought to
preserve freedom by protecting individuals from arbitrary arrest,
detention, or exile, as well as from arbitrary deprivation of
property. These philosophies were given a legal foothold in the
Third, Fourth, and Fifth Amendments to the U.S.
Constitution.
A number
of these individual rights have subsequently been enshrined in
international documents, including the U.N. Universal
Declaration of Human Rights, the Charter of the United Nations, and
the European Convention on Human Rights. The Universal Declaration
declares, "All human beings are born free and equal in dignity and
rights,"[2]
and the European Convention on Human Rights acknowledges the "right
to liberty and security of person."[3]
These rights are therefore easy to embrace from an American or
Anglo-Saxon point of view, enshrined as they are in our
constitutional tradition. "Human security" has made a recent
reappearance in relation to the potential obligation of the
international community to intervene in areas under the threat
of genocide, such as in Darfur.[4]
However,
a second set of "rights" has grown out of the different
philosophical tradition of Continental Europe, which gave
birth to Social Democracy, Socialism, and Communism. To this
day, they often epitomize the differences found between the
diplomatic stances in international organizations that are taken by
the United States and the European Union. In fact, there is a
remarkable consistency in the ways that freedom rights have
been viewed over the centuries by Anglo-Saxons on the one hand
(including Americans) and Europeans on the other. The Anglo-Saxons
see freedom as adhering to the individual (or individual
nation) by right, while the Europeans look at the collective
"greater good" or General Will, whether that means the greater good
as defined within a national community or among the community
of nations.
Arising
subsequent to the notion of freedom as an individual concept in the
18th century was the notion of freedom in the collective. Rooted in
the intellectual traditions of Jean-Jacques Rousseau, French labor
organizer Louis Blanc, and Karl Marx, the collective conception of
freedom is based on abstractions that seek the good of the whole
over the good of the individual. Rather than being guided by the
individual exercise of natural rights, collectivists more often
look to the state to determine the best course of action and
how to provide for individuals.
The
preeminent forerunner of this thinking was the philosophy of
Jean-Jacques Rousseau. Like the individualist tradition, Rousseau
believed that man was born into a natural state of freedom. Yet,
unlike the Anglo-Saxon philosophers, he rejected the idea that
man's natural freedom was compatible with the restraints of
society. Instead, he proposed that man's natural state and social
restraints could be reconciled by submission to the General Will-a
vague concept that represents what the general community supposedly
would do unanimously with perfect reasoning, unbiased judgment, and
an inclination toward the common good.
While
this may have been a noble aspiration in theory, in practice it
became apparent that governments can justify any action by
claiming it as a discernment of the General Will. According to
this reasoning, the state becomes an omnipotent entity, usurping
the rights of the individual in the name of the collective good.
From this philosophy and the intellectual traditions of Louis Blanc
and Karl Marx spring the modern notions of collective
rights.
Based on
nothing more than a vague abstraction of what constitutes the
common good, collective rights form a seemingly endless string of
entitlement claims on the state. For instance, the right to
social security is essentially a claim on the state to provide for
individuals and is a direct derivative of Rousseau's thought. The
right to education and the right to a standard of health, while
noble aspirations, are further examples of rights that are
based on nothing more than what people feel they deserve from the
state. In terms of international treaties, the International
Covenant on Economic, Social and Cultural Rights[5]
and the Constitution of the International Labor Organization are
key sources of such insidious rights that more closely resemble
entitlements.
A
significant portion of the collective tradition is focused around
the rights of labor. This focus is directly descended from the
philosophies of Louis Blanc and Karl Marx, both of whom sought to
protect laborers from the "exploitation" of capitalism through
collective equality. The right to work, the right to equal pay for
work, the right to organize trade unions, and the right to the
prevention of unemployment are rights that speak to the direct
influence of Marx. Further examples of Marxist influence include
the right to a maximum working day and week, the right to a
regulated labor supply, and the right to rest and leisure,
including the right to periodic holidays with pay.
While it
is not disputed that a certain amount of labor market regulation is
necessary for a labor force to function well, these are not rights
in the sense that they arise from the nature of man. They are
entitlements that, when given the status of fundamental rights,
replace individual choice and responsibility with a plethora of
claims that result in a dependent society with a pervasive
centralized state.
In recent
years, the collective influence of Rousseau, Marx, and Blanc
has transcended strictly material conditions. The notion that each
individual has rights to state provisions for his welfare has
given rise to spurious entitlements such as the right to be free
from hunger, including provisions that ensure improved methods of
production, conservation, and distribution, as well as the
equitable distribution of food supplies in relation to need. The
principle of consumption based on need is directly descended from
Louis Blanc, and the emphasis on equitable distribution is
characteristic of the Marxian inclination toward total
equality. Increasingly vague notions of freedom include the right
of everyone to take part in cultural life, to enjoy the
benefits of scientific progress and its applications, and to
benefit from the protection of the moral and material interests
resulting from any scientific, literary, or artistic production of
which he is the author. The latent influence of Rousseau's General
Will is clearly visible as nearly anything can be claimed in
the name of the common good.
Thus, the
International Covenant on Economic, Social and Cultural Rights
defines freedom as founded in equal and inalienable rights of all
members of the "human family," based on the "inherent dignity
of man." The rights that it lists range from the right of
self-determination to the right to earn a decent living for oneself
and one's family to paid holidays and the right to strike. Inherent
in many of these rights is the notion that the state will
facilitate their realization through programs, services, and
monetary handouts. It even includes the "right of everyone to the
enjoyment of the highest standard of physical and mental
health."
Equally
wide-ranging is the Constitution of the International Labor
Organization. Its preamble talks about establishing "universal and
lasting peace" based on "social justice"[6]
and the goals of regulating hours of work and labor supply,
preventing unemployment, providing an adequate living wage,
protecting the worker against sickness and disease, protecting the
interests of workers in countries other than their own,
protecting the worker against injury arising from employment,
protecting children and women, providing for old people,
guaranteeing freedom of association, and even providing
technical and vocational education.
In the
economic realm, natural rights and entitlement rights clearly
run afoul of each other. Thus, the economic freedom to pursue a
living or to trade according to individual choice and enlightened
self-interest-the essence of the successful capitalist
free-market system-has become suspect in many international
contexts because it contradicts the postulated General Will to
regulate labor markets and the associated social provisions
and trade barriers that are erected to protect certain segments of
the labor force. The right to seek enlightened self-interest and
the "right" to employment are indeed sometimes in direct
contradiction. In international fora, therefore, "economic
freedom" sometimes becomes a deeply suspect term, despite its
proven record as the way to lift nations out of poverty into
continued prosperity.
Although
some level of government spending is necessary to ensure that the
basic structures of society function smoothly enough to
facilitate economic activity, excessive government spending
shifts resources from the private sector and impedes economic
growth. Between these two principles lies an ocean of possibilities
encompassing the small-government tendencies of Hong Kong,
Ireland, New Zealand, Singapore, and the United States; the
decidedly robust government philosophies of the countries of
Western Europe; and the many developing countries that hope to use
government spending to meet their development
goals.
A
Compendium of Rights in International Documents
The 10
individual rights and 15 collective "rights" listed below are
enumerated in one or more of the following international
documents:
The U.N.
Universal Declaration of Human Rights (UDHR);
The
International Covenant on Economic, Social and Cultural Rights
(ICESC);
The
Constitution of the International Labour Organization (CILO);
and
The
Council of Europe's Convention for the Protection of Human Rights
and Fundamental Freedoms, which is also called the European
Convention on Human Rights (ECHR).
Individual Rights. These 10 rights are a
priori human rights that adhere to each individual, regardless
of nationality or social status.
All human
beings are born free and equal in dignity and rights
(UDHR,
Article 1). This essential human right is recognized in the
preamble of the Universal Declaration and speaks to the equal worth
of all humans, regardless of any differences in race, class,
religion, or country of origin. It arises from the Lockean
tradition of a priori rights and is also acknowledged in the
Declaration of Independence.
Right to
life, liberty, and security of person (UDHR,
Article 3; ECHR, Article 5). These fundamental rights are similarly
derived from the Lockean influence of a priori rights,
which Locke specifically defined as "life, liberty and
property."
Everyone
has a right to life that should be protected by law
(ECHR,
Article 2). Every human being has a right to his life, which should
be legally protected. The right to life is identified as an a
priori right by Locke and cited in the Declaration of
Independence. The notion that individuals have a right to the
legal protection of their lives is additionally assumed by Locke at
the point of social contract, as the government is formed solely
for the protection of the people.
Right to
recognition everywhere as a person before the law, and all are
equal before the law and are entitled without any discrimination to
equal protection of the law (UDHR,
Articles 6-7). These rights make the law an impartial judge of all
persons, requiring that everyone must be held to the standard of
personhood and treated fairly and equally. In its
constitutional form, this right can be traced to Clauses 17-
22 of the Magna Carta. It is the essence of the legal systems of
free societies.
No one
should be held in slavery or servitude (UDHR,
Article 4; ECHR, Article 4, Part 1).All people have a right to
be free from all forms of slavery. This right is additionally put
forth by the Thirteenth Amendment to the U.S. Constitution. In
its basic form, the right to be free from servitude has been with
man since he first began to enslave others. This notion is one
of the most central tenets of liberalism-man is to be free from
enslavement to others and to the government.
No one
should be subjected to arbitrary arrest, detention, or
exile (UDHR,
Article 9; ECHR, Article 5). This set of rights limits the
government's use of force and detention by placing the burden of
proof on the government, which must show just cause for arrest and
detention. Freedom of this type emerges from the idea of limited
government, emphasized by Locke, Montesquieu, Hume, Paine, and
Jefferson. Additionally, this type of freedom is encapsulated in
the Third and Fourth Amendments of the U.S.
Constitution.
Right to
be presumed innocent until proven guilty at a public
trial (UDHR,
Article 11, Paragraph 1; ECHR, Article 6, Paragraph 2). The right
to be proven guilty ensures a fair trial, as the preponderance
of evidence must be weighted on the side of guilt for the accused
to be convicted. The presumption of innocence has been a part
of the democratic tradition for centuries and can be traced back to
the laws of Sparta and Athens. While not stated explicitly in the
U.S. Constitution, the presumption of innocence is widely held
to follow from the Fifth, Sixth, and Fourteenth
Amendments.
No one
shall be arbitrarily deprived of his property (UDHR,
Article 17, Paragraph 2). This right limits the government's power
over individuals, requiring it to show adequate evidence to seize
property. The protection of property derives most directly from
Locke, who believed that the government's sole function was to
protect property, and thus a substantial amount of just cause
must be shown to justify its seizure. This right is recognized
in the Fifth Amendment to the U.S. Constitution.
Freedom
of thought, conscience, and religion (UDHR,
Articles 18; ECHR, Article 9, Paragraph 1). This right includes the
right to change religion or belief and the freedom to worship alone
or with others. Freedom of religion is a basic individual right
that originated in its embryonic form in the first clause of the
Magna Carta. It came to modern fruition during the Enlightenment,
when it found staunch advocates in Voltaire and later in Thomas
Paine and Thomas Jefferson. This freedom is additionally
guaranteed by the First Amendment to the U.S.
Constitution.
Freedom
of opinion and expression, and freedom of peaceful
assembly (UDHR,
Part I Articles 19-20; ECHR, Article 11, Paragraph 1). This set of
rights includes the freedom to hold and impart opinions without
interference and the right to assemble without compulsion.
Freedom of speech is a fundamental right that originated in
ancient Greece and Rome, became a philosophical cause in the
English Bill of Rights, and later found advocates in Voltaire and
John Stuart Mill as well as Thomas Paine and Thomas Jefferson.
Both of these rights are recognized in the First Amendment to the
U.S. Constitution.
Collective Rights. These 15 "rights" are derived
from the collectivist tradition and are more entitlements or
goals than a priori rights of the individual.
Right to
social security (UDHR,
Article 22; ICESC, Part III, Article 9). As a member of society,
each individual is guaranteed a state-facilitated, worker-funded
pension in his old age. In addition to social security, the
International Covenant on Economic, Social and Cultural Rights
includes the right to social insurance. The idea that the state
should provide for the common good is a direct derivation of
Rousseau and was also noted in the works of Louis Blanc, who
believed that "each [should] consume according to his need."[7]
The proletarian revolution, as envisioned by Karl Marx, would
create a worker's paradise that aimed at production for the common
good. However, despite the appealing rhetoric, every attempt to
create such a social and political system has failed miserably.
This is no less true in international treaties than it has been in
individual nation-states.
Right to
work and right to equal pay for work (UDHR,
Article 23, Paragraphs 1-2; ICESC, Part III, Articles 6-7; CILO,
Preamble).The fundamental right to work includes free choice
of employment, just and favorable working conditions, and the
protection against unemployment. This concentration on the
worker can be traced directly to Louis Blanc and his predecessor
Karl Marx, both of whom believed in the equalization of wages and
in protecting the worker from the "dangers of competition."
François Fourier, additionally, emphasized the repayment of
workers according to their contribution. Again, the right to
work in this particular context exemplifies only provisions of a
failed social system.
Right to
just and favorable remuneration to ensure a standard of living for
his family and right to a standard of living adequate for the
health and well-being of himself and his family
(UDHR,
Article 23, Paragraph 3, and Article 25, Paragraph 1; ICESC, Part
III, Article 7 and Article 11, Paragraph 1; CILO, Preamble).
According to the Universal Declaration, this "just and favorable
remuneration" may come from either the employer or the state. The
Universal Declaration defines an acceptable standard of living
as including food, clothing, housing, medical care, and the right
to security "in circumstances beyond his control." The idea that
each individual is guaranteed a standard of living stems from
the Blanc and Marxian traditions of total equality. The latent
influence of Rousseau is also evident in the move toward laws for
the common good. While this is a desirable condition, this "right"
is an example of an entitlement, something enacted by law in
individual nation-states.
Right to
the regulation of working hours and the establishment of a maximum
working day and week (CILO,
Preamble). The ILO states that the absence of the right to the
regulation of working hours would create an unjust environment that
would imperil the peace and harmony of the world. The principle
behind regulated work hours-that labor must be protected from the
exploitative powers of employers-is a Marxian concept. The
subsequent set of rights relating to the labor force embodies
principles that adhere to social organization in individual
nation-states, primarily those of a Socialist or Social Democratic
nature. As such, they cannot be considered human rights.
Right to
the regulation of the labor supply (CILO,
Preamble). The right to a regulated labor market entails the right
to stable growth, a minimum wage, and union benefits. Again, the
concepts of worker protection, rights, and benefits are derived
directly from the Marxian need to protect the worker from
exploitation by the bourgeoisie and the woes of
capitalism.
Right to
the prevention of unemployment (CILO,
Preamble). The right to the prevention of unemployment is
stated in broad general terms. There are no caveats or provisions
listed as to what constitutes "prevention" or whether
employment can be lawfully terminated under this right. As such, it
can be taken to mean that once hired, an employee cannot and should
not be fired without the prospect of further
employment.
Right to
form and join trade unions for the protection of his
interests (UDHR,
Article 24, Paragraph 4; ICESC, Part III, Article 8; CILO,
Preamble). This right allows workers the freedom to organize in
protection of their individual and collective interests.
Furthermore, the International Covenant provides the right to
strike. The notion of organized labor first appeared in Louis
Blanc's 1840 book Organization of Work, in which he proposed
the establishment of "social workshops" where the workmen in each
trade would unite their efforts for the common benefit. Karl Marx
picked up on the power of organized labor a few years later,
believing that the organization of the proletariat would foment the
workers' revolution.
Right to
protection of the worker against sickness, disease, and injury
arising out of his employment (CILO,
Preamble).While employed, the worker has the right to be protected
from any illness or injury that may result from his term of
employment. This need to protect the worker from any sort of
hazard that he may encounter is again a derivative of the Marxian
need to shield the worker from the oppressive bourgeois tactics of
employee exploitation.
Right to
rest and leisure (UDHR,
Article 24). The right to rest and leisure includes a reasonable
limitation of working hours and periodic holidays with pay.
This focus on pampering the worker is truly Marxian, in the sense
that a worker's paradise would include such entitlements, solely in
the name of the common good. While rest and leisure are certainly
desirable ends, they are aspects of the relationship between
employer and employee. They are not essential rights based on the
human condition. This takes the concept of a "human right" to an
almost absurd level.
Fundamental
right of everyone to be free from hunger (ICESC,
Part III, Article 11, Paragraph 2). The right of everyone to be
free from hunger includes provisions that ensure improved methods
of production, conservation, and distribution, as well as the
equitable distribution of food supplies in relation to need.
The principle of consumption based on need is directly descended
from Louis Blanc, and the emphasis on equitable distribution is
characteristic of the Marxian inclination toward total
equality. Freeing the world from hunger is, again, something that
is a goal of worldwide organizations as well as international
donors. It is an entirely worthy goal, but not a human right.
Furthermore, regulation of the world's production and
distribution of food by international organizations is only
likely to create failures similar to those that beset the
centralized Soviet and Chinese economies under Communism. The
result would be less food, not more.
Motherhood
and childhood are entitled to special care and
assistance (UDHR,
Article 25, Paragraph 2; CILO, Preamble). During these vulnerable
times, the state should provide extra assistance for mothers
and children, whether the children were born in or out of wedlock.
The ILO Constitution extends the scope of this right to providing
for old age and injury. The idea of a state-funded entitlement can
trace its roots to the collective submission to the state, as
championed by Rousseau. These ideas have led to the establishment
of the "nanny state," particularly in Europe, and have prompted the
emergence of an entitlement complex in which individuals feel that
they no longer need to provide for themselves and that the state
should provide for them.
Right of
everyone to enjoy the highest attainable standard of physical and
mental health (ICESC,
Part III, Article 12). The right of everyone to a standard of
health includes state-funded provisions for reducing infant
mortality and for healthy development of the child;
improvement of hygiene; prevention and treatment of epidemic,
endemic, and occupational diseases; and creation of conditions that
would assure medical attention to all. The entitlement to
health care is another consequence of the trend toward collective
submission to an omnipotent state. In the name of the General Will
(and welfare), the state collectivizes individual responsibility
and becomes the ultimate provider. Again this is an entitlement,
not a right.
Right to
education (UDHR,
Article 26, Paragraph 1; ICESC, Part III, Article 13; CILO,
Preamble). According to this right, elementary education should be
free and compulsory, and secondary and higher education should be
available to all. The importance of education as an entitlement can
similarly be viewed as a consequence of Rousseau's nanny
state.
All are
entitled to a social and international order in which the rights
and freedoms set forth in this Universal Declaration can be fully
realized (UDHR,
Article 28). Every person deserves a world in which all of his or
her basic rights and entitlements are provided for. The idea
that people deserve something better is a tribute to the
collectivist impulse to perfect "flawed" societies. This
discernment of the route to perfection-first embodied in Rousseau's
General Will-has had disastrous consequences throughout the past
two centuries. The quest for the perfect human social order has
been the justification for egregious acts of terrorism,
genocide, and homicide-all in the name of a more perfect
freedom.
Right of
everyone to take part in cultural life, to enjoy the benefits of
scientific progress and its applications, and to benefit from
the protection of the moral and material interests resulting from
any scientific, literary, or artistic production of which he
is the author (UDHR,
Article 27, Paragraph 2; ICESC, Part III, Article 15). To ensure
the full realization of this right, the state should create an
environment of freedom in which science and culture flourish. This
is as vague a notion of "freedom" as may be imagined and cannot be
described as a right or even as an entitlement. It is more of a
general social goal that is derived from Rousseau's amorphous
General Will. All things done in the name of freedom fall under its
definition, and the state is its vanguard, supposedly representing
the best and most free wills of the people. However, once freedom
is expressed as the General Will and not an attribute of the
individual human being, the person who holds the key to defining it
intellectually also holds the power. This is why the semantics of
freedom and rights remains so extraordinarily important.
Current
Controversies
Change in
the perception of the beneficial role of government in economic
relations has been jarring in the post-World War II era. After
World War II, the tendency was toward extensive government
involvement. More recently, an abundance of evidence,
including the demise of the Communist experiment in the former
Soviet Union, has shown that too much government expenditure and
intervention unduly impedes private-sector activity, which is
the key to long-term economic growth.
The freer
economies of the West always outperformed the centralized
economies of the Soviet bloc-a fact that was masked during the Cold
War by faulty and inflated statistics provided by Socialist
governments. As noted by Heritage Foundation analyst Brett D.
Schaefer,
This
swing from a leading role for government to a supporting role has
profound implications for developing countries that spent the early
post-independence years pursuing development based on heavy
government intervention only to discover in the past couple of
decades the detrimental effects of such a strategy.[8]
Since
1995, the Index of Economic Freedom, published each
year by The Heritage Foundation and The Wall Street Journal,
has documented the discrepancy in performance between free and
less free economies.
Conclusion
In
questions of human, political, and economic rights, U.S.
policymakers in both the executive branch and Congress should keep
firmly in mind a number of basic points when dealing with
international treaties, law, and organizations.
Freedom,
properly understood, means the right to life, liberty, and the
pursuit of happiness. In rival and misleading interpretations, it
might mean something far different: the right, for example, to join
a trade union or to be part of a regulated labor supply. This
misunderstanding of rights as entitlements often causes the
discussion of freedom in international fora to take a
detrimental direction.
Understanding
the philosophical and intellectual origins of freedom sheds
some light on the disparity that continues to exist between the
individualist and collective understandings of the concept. It also
gives the true champions of freedom the tools with which to argue
their case against the advocates of essentially Socialist
interpretations.
By
analyzing these origins, it becomes apparent that many of today's
"rights" are based on nothing more than an ambiguous and
indefensible notion of the "common good." As appealing as the
associated rhetoric can be, the "common good" invariably leads to
coercion against the individual.
Truly
defendable rights exist only when the quest for liberty is guided
by the immutable nature of man. This human nature is derived from
our Maker and therefore inherently the birthright of every human
being.
Policymakers
should make every effort in international deliberations to
ensure that documents get the terminology right.
Helle
C. Dale is Director of the Douglas and Sarah Allison
Center for Foreign Policy Studies and Deputy Director of the
Kathryn and Shelby Cullom Davis Institute for International
Studies at the Heritage Foundation. The author would like to
thank Research Assistant William Schirano and Heritage Foundation
intern Rachel Bovard for their assistance in the writing of this
paper. This paper is one of a series prepared as part of the
Freedom Project of the Margaret Thatcher Center for Freedom at The
Heritage Foundation.
[1]See the Magna Carta,
Clauses 17-22, at (August 21,
2006).
[2]United Nations,
Universal Declaration of Human Rights, Article 1, at (August
21, 2006).
[3]Ibid., Article 5, and Council
of Europe, Convention for the Protection of Human Rights and
Fundamental Freedoms, Section 1, Article 5, at (August
21, 2006).
[4]For further treatment,
see James Carafano, Ph.D., and Janice A. Smith, "The Muddled Notion
of Human Security at the U.N.: A Guide for U.S. Policymakers,"
Heritage Foundation Backgrounder, forthcoming.
[5]U.N. General Assembly,
International Covenant on Economic, Social and Cultural Rights,
January 3, 1976,
(August 21, 2006).
[6]International Labour
Organization, Constitution, May 10, 1944, at
(August 21, 2006).
[7]Louis Blanc,
Organisation du Travail [Organization of Work], 1840,
quoted at .