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this post was submitted on 17 Aug 2023
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Just have to chime in here.
Human rights are fundamental and intrinsic. They can't be "outranked."
Legislating for them and enforcing them is due to institutions such as governments (and in an international context the ICC if, say, the government has become genocidal).
Right. Which is why they're doing the uyghurs so much good right now. Those intrinsic rights sure are protecting them.
Point being, they're only intrinsic because we say so.
I think I see what's going wrong in this conversation.
By definition, "rights" can be legal, social, or ethical.
To you, they are only a legal thing and if they don't exist in law or custom, then to you they don't exist.
But to me, (and others here) they also have an ethical dimension and exist as an ethical value independent of the legal or social useage.
Saying ethics depend on laws and customs would be moral relativism (which is a tricky thing to hold for most people, because of the implications around stuff like child rape and murder being ok if everyone was doing it).
Those Uyghurs had and have rights whether the Chinese government knows it or not. Bad things happening doesn't make those things suddenly not-bad.
The sky is only blue because we decided on the word "blue" for that frequency of light, and there's plenty of other things that are the way they are just because we say so.
And if this isn't just a "I just don't think 'rights' are the correct word" semantic argument for you here, please refer back to the first two sentences.