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I think you are asking about balancing tests: https://en.wikipedia.org/wiki/Balancing_test https://en.wikipedia.org/wiki/Balancing_test Your rights stop when s
by anticristi 5y ago
I think you are asking about balancing tests: https://en.wikipedia.org/wiki/Balancing_test https://en.wikipedia.org/wiki/Balancing_test
Your rights stop when someone else's rights are infringed. But where exactly do you draw the line? This is a complex and time-dependent question with a case-by-case answer. Right now, the human right to live outweighs the human right to not cover your face. In the EU, the right to privacy prevails the right of companies to serve targeted ads -- although the discussion around legitimate interests is ongoing.
- afiori 5y agoBut those are not human rights under the old definition. Human rights are stuff like the right to dignity, the right of to being compelled to work, the right of not being totured or wrongfully imprisoned. Humans right are supposed to only include those where you do not need to weight opposing rights. If person A is being tortured that is always a violation of a human right and it is never a violation of a human right not to torture sombody. Humans right are meant to be a baseline definition of what we must provide to every human on the planet in any situation, whether there is a surplus of food or a worldwide famine, whether we live is a super advance technocracy or a solar flare destroys all electronics. There are many many rights that are deeply essential in our society that are not human rights
- anticristi 5y agoMaybe I'm splitting hairs, but your right to dignity is a violation of my right to free expression, specifically I cannot just call you things. I could probably come up with a situation for each right that feels absolute.
- afiori 5y agoThe right to freedom of expression is actually about protected expressions as an extreme example artistic torture is not a protected form of expression. I am also reclutant to include it as a human right, the corresponding human right would be "freedom not to be compelled to express" eg freedom not to be forced to profess beliefs you do not want to profess. Personally I do not believe that screaming at people and relentlessly insulting them is a human right, nor that doing so is necessarily a damage to their dignity so I do not see a contraddiction.