Omöjliga Möjligheter

Detta är en L2-uppsats från Lunds universitet/Mänskliga rättigheter

Sammanfattning: The idea of human rights is that they are assumed to derive from some innate feature that all humans possess. Furthermore the definition of human rights lacks any urgent requests or claim of state responsibility. This allows a terminology regarding equal opportunities. I intend to demonstrate that the current usage of equality and rights is completely useless in order to enforce human rights. I show that Human rights has come to be a part of a political discussion and that various terms such as equality, liberty and justice are essential in the enforcement of rights. The different definitions of the terms create a political polarization. By opposing neoliberalism against social liberalism I show two different ways to approach human rights. One ensures the juridical right, the other ensures the capability to enjoy the right (also called combined capabilities). By opposing the political perspective to the capabilities approach by Martha Nussbaum it becomes obvious that actual human rights need state interference and responsibility. This will result in rights to be understood as capabilities instead of human characteristics for the idea not to be counterproductive.

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