| Literature DB >> 34350987 |
Tara L White1,2,3,4, Meghan A Gonsalves5.
Abstract
Universal human rights are defined by international agreements, law, foreign policy, and the concept of inherent human dignity. However, rights defined on this basis can be readily subverted by overt and covert disagreements and can be treated as distant geopolitical events rather than bearing on individuals' everyday lives. A robust case for universal human rights is urgently needed and must meet several disparate requirements: (1) a framework that resolves tautological definitions reached solely by mutual, revocable agreement; (2) a rationale that transcends differences in beliefs, creed, and culture; and (3) a personalization that empowers both individuals and governments to further human rights protections. We propose that human rights in existing agreements comprise five elemental types: (1) agency, autonomy, and self-determination; (2) freedom from want; (3) freedom from fear; (4) uniqueness; and (5) unconditionality, including protections for vulnerable populations. We further propose these rights and protections are rooted in fundamental properties of the human brain. We provide a robust, empirical foundation for universal rights based on emerging work in human brain science that we term dignity neuroscience. Dignity neuroscience provides an empirical foundation to support and foster human dignity, universal rights, and their active furtherance by individuals, nations, and international law.Entities:
Keywords: international law; neuroscience; public policy; sustainable development goals; universal human rights
Mesh:
Year: 2021 PMID: 34350987 PMCID: PMC9291326 DOI: 10.1111/nyas.14670
Source DB: PubMed Journal: Ann N Y Acad Sci ISSN: 0077-8923 Impact factor: 6.499
Neuroscience framework for human rights
| Neuroscience concept | International agreements on Human Rights and Sustainable Development |
|---|---|
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Agency Autonomy Self‐determination |
Everyone has the right to life, liberty and the security of person (Article 3) Everyone has the right to freedom of movement (Article 13.1) Men and women of full age… have the right to marry and found a family (Article 16.1) Everyone has the right to freedom of thought, conscience and religion (Article 18) Everyone has the right to work, to free choice of employment (Article 23) Everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits (Article 27.1)
All peoples have the right to self‐determination (Article 1.1) No one shall be held in slavery or servitude (Article 8.1‐2) Everyone has the right to liberty (Article 9.1) Everyone shall have the right to hold opinions without interference. (Article 19.1)
[T]he ideal of free human beings (Preamble) [T]he right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts (Article 6.1) [T]he right to strike (Article 8.d) [R]espect the freedom indispensable for scientific research and creative activity (Article 15.2)
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| Privation/freedom from want |
Everyone, as a member of society, has the right to social security (Article 22) [R]ight to a standard of living adequate for the health and well‐being of himself and his family (Article 25.1) Everyone has the right to education (Article 26.1)
[F]reedom from… want (Preamble)
[T]he fundamental right of everyone to be free from hunger (Article 11.2) [T]he right of everyone to the enjoyment of the highest attainable standard of physical and mental health (Article 12.1) [C]onditions which would assure to all medical service and medical attention in the event of sickness (Article 12.2.d)
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| Maltreatment/freedom from fear |
Everyone has the right to… the security of person (Article 3) Protection from discrimination (Article 6) Everyone has the right to seek and to enjoy in other countries asylum from persecution (Article 14.1)
[F]reedom from fear (Preamble) Every human being has the inherent right to life (Article 6.1) No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Article 7) Any propaganda for war shall be prohibited by law (Article 20.1) [I]ncitement to discrimination, hostility or violence shall be prohibited by law. (Article 20.2) [T]he law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (Article 26)
[F]reedom from fear (Preamble)
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| Uniqueness |
Everyone…is entitled to the realization… of the economic, social and cultural rights indispensable for his dignity and the free development of his personality (Article 22) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author (Article 27.2)
[E]ducation shall be directed to the full development of the human personality (Article 13.1) [T]he right of everyone… [t]o benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author (Article 15.1.c)
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| Unconditionality |
All human beings are born free and equal in dignity and rights (Article 1) Everyone has the right to a nationality (Article 15.1) Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized (Article 28)
[T]hese rights derive from the inherent dignity of the human person (Preamble) [T]he obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms (Preamble) All persons are equal before the law and are entitled … to the equal protection of the law (Article 26)
[R]ights… will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (Article 2.2) [T]he equal right of men and women to the enjoyment of all economic, social and cultural rights (Article 3)
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Plasticity and protection of vulnerable individuals and populations
| Neuroscience concept | International agreements on human rights and sustainable development |
|---|---|
| Plasticity |
The family is the natural and fundamental group unit of society and is entitled to protection (Article 16.3) Motherhood and childhood are entitled to special care and assistance (Article 25.2)
Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age (Article 5) The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation (Article 10.3) Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status (Article 10.3) In the case of juvenile persons, the [court] procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation (Article 14.4) Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor (Article 24.1)
The widest possible protection and assistance should be accorded to the family … particularly for its establishment and while it is responsible for the care and education of dependent children (Article 10.1) Special protection should be accorded to mothers during a reasonable period before and after childbirth (Article 10.2) Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination (Article 10.3)
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Figure 1Neural facets of human dignity. Representation of neural structures and circuits that support universal human rights. (A) Human agency, autonomy, and self‐determination; (B) privation; (C) maltreatment; (D) uniqueness; and (E) unconditionality.