Are you skeptical of the idea of universal human rights?
No, I’m not skeptical about the idea of universal human rights. I’m skeptical about what I call positive rights. You see, if you look at the logical structure of rights, every right implies an obligation on someone else’s part. A right is always a right against somebody. If I have a right to park my car in your driveway, then you have an obligation not to interfere with my parking my car in your driveway. Now the idea of universal human rights is a remarkable idea because if there are such things, then all human beings are under an obligation to do—what? Well, I want to say that with things like the right to free speech it just means not to interfere. It’s a negative right. My right to free speech means I have a right to exercise my free speech without being interfered with. And that means that other people are under an obligation not to interfere with me.
Now, when I look at the literature, I discover that there is a tradition going back to the UN Universal Declaration of Human Rights, where not all of the rights listed are negative rights like the right to free speech, or the right to freedom of religion, or the right to freedom of association, I think all those negative rights are perfectly legitimate. But there are supposed to be such rights as “every human being has a right to adequate housing.” Now I don’t think that can be made into a meaningful claim.
The claim that “every human being has a right to seek adequate housing,” or that there are particular jurisdictions where the British government, or the government of the State of California, can decide “we’re going to guarantee or give that right to all of our citizens”—that seems to me OK. But the idea that every human being, just in virtue of being a human being, has a right to adequate housing in a way that would impose an obligation on every other human being to provide that housing, that seems to me nonsense. So I say that you can make a good case for universal human rights of a negative kind, but that you cannot make the comparable case for universal human rights of a positive kind.
My favorite bit from an interview with philosopher John Searle.