What Is A "Human Right"? - The Desert Island Test
There is a great debate in America today about so-called "basic human rights". The Declaration Of Independence famously lists "life, liberty and the pursuit of happiness" among them. The US Constitution adds several others, such as self-defense (2nd Amendment), conscience (1st Amendment), and property (4th and 5th Amendments). But what about health care? Housing? Employment? Food? Are these also "basic human rights"?
A good test of whether something is a basic right or not is to consider whether it is a right that exists in the absence of government. For example, if you were alone on a deserted island, do you have the right to worship (or not) as you choose? Yes. Then worship, as part of conscience, is a basic human right. The government does not and cannot grant this right. It can only curtail it.
What about self-defense? Certainly, if you have a right to life, you have a right to defend that life. Therefore, this is a basic human right. The government cannot give you this right, but it can regulate it or try to eliminate it.
But what about healthcare? If you are alone on an island, do you have a guarantee of a doctor? No. You can, to the best of your ability, administer self-care, but the indigenous flora and fauna are under no obligation to heal you.
Likewise, are food, shelter, and income "rights"? Does your deserted island have any obligation to provide any of these to you? No. These are therefore not basic human rights. If the "right" only exists if it is provided by the government, then it is not a true "right".
That is why in the Declaration Of Independence it is stated that the purpose of government is not to grant rights, but to protect them from infringement by others. The government cannot give you life, but it provides safeguards (law enforcement) to prevent others from infringing upon your right and to adjudicate disputes when the rights of people come into conflict with one another.
So, the next time someone argues that something is a "basic human right", think about yourself on a deserted island.
A good test of whether something is a basic right or not is to consider whether it is a right that exists in the absence of government. For example, if you were alone on a deserted island, do you have the right to worship (or not) as you choose? Yes. Then worship, as part of conscience, is a basic human right. The government does not and cannot grant this right. It can only curtail it.
What about self-defense? Certainly, if you have a right to life, you have a right to defend that life. Therefore, this is a basic human right. The government cannot give you this right, but it can regulate it or try to eliminate it.
But what about healthcare? If you are alone on an island, do you have a guarantee of a doctor? No. You can, to the best of your ability, administer self-care, but the indigenous flora and fauna are under no obligation to heal you.
Likewise, are food, shelter, and income "rights"? Does your deserted island have any obligation to provide any of these to you? No. These are therefore not basic human rights. If the "right" only exists if it is provided by the government, then it is not a true "right".
That is why in the Declaration Of Independence it is stated that the purpose of government is not to grant rights, but to protect them from infringement by others. The government cannot give you life, but it provides safeguards (law enforcement) to prevent others from infringing upon your right and to adjudicate disputes when the rights of people come into conflict with one another.
So, the next time someone argues that something is a "basic human right", think about yourself on a deserted island.
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