12.6 The Content of the Rights
Having introduced some basic notions of the idea of human rights, we need to
discuss the content of rights themselves. The limitations to the length of this chapter
makes it is necessary to deal only with the most representative or important types of
rights, and this means that a lot of detail must be omitted. Before addressing the
various types of rights, it is necessary to make a few general remarks on what types
of things are candidates for inclusion in a list of human rights.
12.6.1 The Importance of Human Rights
One general thing that can be said of rights is that their object cannot be something
frivolous. They must aim to secure something that is essential to our enjoyment of
human life in dignity.
As stated by Henry Shue in his workBasic Rights(1996), human rights are
“...the morality of the depths. They specify the line beneath which no one is to be
allowed to sink”.
For example, while it may be desirable that everyone has a job that allows her to
develop all her capabilities and express herself creatively, such an aspiration is not
of the purview of human rights. Human rights are concerned with ensuring that this
person conserves her life, bodily integrity, and basic needs and freedoms and not
with the high end of human flourishing.
Aspirational Rights Nevertheless, given the political nature of treaty or constitu-
tion drafting, it is not uncommon to find clearly aspirational rights that go far
beyond the minimum and that are better explained by historical context than the
logic of protecting basic dignity.
For instance Article 15(b) ICESCR establishes the right of everyone
“[t]o enjoy the benefits of scientific progress and its applications”.
Even more ambitious is the right to development as defined by the United Nations
Declaration on the Right to Development. According to this document:
“Every human person and all peoples are entitled to participate in, contribute to, and
enjoy economic, social, cultural and political development, in which all human rights and
fundamental freedoms can be fully realized.”Core Rights The proliferation of rights that go far beyond the minimum has
encouraged some jurists like Theo van Boven to distinguish special categories
within human rights, identifying “core rights” such as the right to life, the right to
food, and the right to be free from torture, in contrast with more peripheral,
aspirational rights.
Admittedly, some would disagree with the idea of rights as minima. Some would
like to use the idea of human rights as a fulcrum to push for comprehensive social
reforms, sometimes even in a global level. The advocates of such a view seem to
274 G. Arosemena