The Sources Of Rights Talk

Glendon, Mary Ann,

Commonweal, 00103330, 10/12/2001, Vol. 128, Issue 17

Database: Academic Search Premier

 

On December 10, 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). There were no dissenting votes, although the Soviet bloc, Saudi Arabia, and South Africa recorded abstentions. The Declaration quickly became the principal inspiration of the postwar international human-rights movement; the model for the majority of rights instruments in the world-over ninety in all; and it serves today as the single most important reference point for discussions of human rights in international settings.

If you are like most Americans, and like me before I got interested in the Declaration, you probably do not stay up nights thinking about the United Nations and its various pronouncements. But what I discovered about the history of the Declaration in doing research for my book, A World Made New, should be of particular interest to Catholics as well as to all those concerned about protecting human rights. Let me begin with a little background.

During World War II, the idea began to percolate that there should be some kind of international bill of rights--a common standard to which all nations could aspire--and by which they could measure their own and each other's progress. One of the first suggestions came from Pope Pius XII, who, in a June 1941 radio address, called for an international bill recognizing the rights that flowed from the dignity of the person. Another came from the British writer H.G. Wells in a little pamphlet subtitled, "What Are We Fighting For?" But in practical terms, the most consequential support came from several Latin American countries, which composed twenty-one of the original fifty-five member nations of the UN when it was founded in 1945.

Largely due to the insistence of the Latin Americans, joined by other small nations, the UN established a Human Rights Commission composed of members from eighteen different countries. It was chaired by Eleanor Roosevelt who was just then making a new life for herself after the death of her husband. When the Human Rights Commission set to work in early 1947, its first major task was to draft a "bill of rights" to which persons of all nations and cultures could subscribe. But that assignment rested upon a couple of problematic assumptions: no one really knew whether there were any such common principles, or what they might be. So UNESCO asked a group of philosophers--some well known in the West, like Jacques Maritain, and others from Confucian, Hindu, and Muslim countries--to examine the question. These philosophers sent a questionnaire to still more leading thinkers, from Mahatma Gandhi to Teilhard de Chardin, and in due course, they reported that, somewhat to their surprise, they had found that there were a few common standards of decency that were widely shared, though not always formulated in the language of rights. Their conclusion was that this practical consensus was enough to enable the project to go forward.

The judgment of the philosophers was borne out by the experience of the delegates on the Human Rights Commission. This group, too, was highly diverse, but they had few disagreements over the content of the Declaration. Their disputes were chiefly political, and mainly involved the Soviet Union and the United States hurling accusations of hypocrisy against each other.

The framers of the UDHR, like legal drafters everywhere, had done a good deal of copying. They drew many provisions from existing constitutions and rights instruments. They relied most heavily on two draft proposals for international bills that were themselves based on extensive cross-national research. One of these proposals was prepared under the auspices of the American Law Institute, and the other was a Latin American document that became the 1948 Bogota Declaration of the Rights and Duties of Man.

The final draft was a synthesis drawn from many sources--and thus a document that differed in many ways from our familiar Anglo-American rights instruments--most noticeably in its inclusion of social and economic rights, and in its express acknowledgment that rights are subject to duties and limitations. It also differed from socialist charters, notably with its strong emphasis on political and civil liberties.

Several features of the Declaration set it apart from both Anglo-American and Soviet-bloc documents, and these should be kept in mind as contests over the meanings of the Declaration's provisions continue. Consider the following: its pervasive emphasis on the "inherent dignity" and "worth of the human person"; the affirmation that the human person is "endowed with reason and conscience"; the right to form trade unions; the worker's right to just remuneration for himself and his family; the recognition of the family as the "natural and fundamental group unit of society" entitled as such to "protection by society and the state"; the prior right of parents to choose the education of their children; and a provision that motherhood and childhood are entitled to "special care and assistance."

Where did those ideas come from? The immediate source was the twentieth-century constitutions of many Latin American and continental European countries. But where did the Latin Americans and continental Europeans get them? The proximate answer to that question is: mainly from the programs of political parties, parties of a type that did not exist in the United States, Britain, or the Soviet bloc, namely, Christian Democratic and Christian Social parties.

And where did the politicians get their ideas about the family, work, civil society, and the dignity of the person? The answer is: mainly from the social encyclicals Rerum novarum (1891) and Quadragesimo anno (1931). And where did the church get them? The short answer is that those encyclicals were part of the process through which the church had begun to reflect on the Enlightenment, the eighteenth-century revolutions, socialism, and the labor question in the light of Scripture, tradition, and her own experience as an "expert in humanity."

The most articulate advocate of this complex of ideas on the Human Rights Commission was a Lebanese Arab of the Greek Orthodox faith, Charles Malik. In reading the old UN transcripts, I was struck by Malik's frequent use of terms like the "intermediate associations" of civil society, and by his emphatic preference for the term "person" rather than "individual." When I had the opportunity to meet Charles Malik's son, Dr. Habib Malik, I asked him if he knew where his father had acquired that vocabulary. The answer was: from the heavily underlined copies of Rerum novarum and Quadragesimo anno, which Malik kept among the books he most frequently consulted.

Contrary to what is now widely supposed, the most zealous promoters of social and economic rights were not the Soviet bloc representatives but delegates from the Latin American countries. Except for the Mexican delegates, most of these people were inspired, not by Marx and Engels, but, like Malik, by Leo XIII and Pius XI. Their focus was not on the exploitation of man by man, but on the dignity of work and the preferential option for the poor.

Catholic social teaching, however, was just one of many sources of influence on that impressively multicultural document. Considering some of the ways in which the Catholic influence was reciprocated is harder to follow. It begins, I believe, in Paris in 1948 when the Human Rights Commissioners were trying to round up support from as many nations as possible for the final vote on the Declaration. A key figure in that lobbying process was the French member of the Commission, Rene Cassin. Cassin was a distinguished French lawyer who described himself as a secular Jew. He had lost twenty-nine relatives in concentration camps, and was later to win the Nobel Peace Prize for his human-rights activities. There is an intriguing sentence in Cassin's memoirs where he says that in the fall of 1948 he was aided on several occasions by the "discreet personal encouragements" of the papal nuncio in Paris. That nuncio was none other than Angelo Roncalli, the future Pope John XXIII.

Roncalli's subsequent actions suggest that events in the UN that fall must have made a great impression on him. It also seems clear that he must have agreed with Maritain and other Catholic thinkers that there was value in discussing certain human goods as rights, even though the biblical tradition uses the language of obligation. In Pacem in terris (1963), John XXIII referred to the Universal Declaration by name and called it "an act of the highest importance."

Many Catholics were surprised, and some were even shocked, at the extent to which the documents of Vatican II, and John XXIII's encyclicals Pacem in terris and Mater et magistra (1961), seemed to reflect a shift from natural law to human rights. Some writers regard this shift as mainly rhetorical, an effort on the part of the church to make her teachings intelligible to "all men and women of good will."

But I believe it was more than that. I would say it was also part of the church's shift from nature to history, as well as her increasing openness to learning from other traditions. The church has always taught, with Saint Paul, that our knowledge of truth in this life is imperfect. But she has not always been so forceful as John Paul II was in Centesimus annus (1991) when he insisted that Christian believers are obliged to remain open to discover "every fragment of truth...in the life experience and in the culture of individuals and nations."

Needless to say, the church's adoption of rights language entailed the need to be very clear about the fact that she does not always use that terminology in the same way it is used in secular circles. Those who think the church should never have gone down that road at all often fail to notice two important facts about the church's use of rights language. First, the rights tradition into which the church has tapped is the biblically informed, continental, dignitarian tradition which she herself had already done so much to shape. "The Catholic doctrine of human rights," Avery Dulles points out, "is not based on Lockean empiricism or individualism. It has a more ancient and distinguished pedigree."

Second, the church did not even uncritically adopt the dignitarian vision. In Vatican II's Gaudium et spes, the council fathers say that the movement to respect human rights "must be imbued with the spirit of the gospel and be protected from all appearance of mistaken autonomy. We are tempted to consider our personal rights as fully protected only when we are free from every norm of divine law; but following this road leads to the destruction rather than to the maintenance of the dignity of the human person." In the same vein, John XXIII noted in Pacem in terris that everything the church says about human rights is conditioned by their foundation in the dignity that attaches to the person made in the image and likeness of God, and everything is oriented to the end of the common good.

In this context, some of the most striking interactions between Catholic social thought and human rights have occurred in the field of international advocacy. With more than 300,000 educational, health-care, and relief agencies serving mainly the world's poorest inhabitants, the church has become an outspoken advocate of social justice in international settings. But it is a hard sell. Challenging passages like this one from John Paul II's 1997 World Day of Peace message do not sit particularly well with affluent nations and first-world interest groups:

Living out [the] demanding commitment [to solidarity] requires a total reversal of the alleged values which make people seek only their own good: power, pleasure, the unscrupulous accumulation of wealth...A society of genuine solidarity can be built only if the well-off, in helping the poor, do not stop at giving from what they do not need. Those living in poverty can wait no longer: They need help now and so have a right to receive immediately what they need [emphasis supplied].

At first glance, words like "a right to receive what one needs" sound uncomfortably like simplistic, secular social advocacy. But the church's use of rights language in this context cannot be equated with crude mandates for state-run social engineering programs. For one thing, the church has always refrained from proposing specific models: her gift to political science has been, rather, the principle of subsidiarity--which is steadily attracting interest as the United States debates the pros and cons of delivering many social services through faith-based institutions.

Moreover, the church teaches solidarity not as a policy, but as a virtue--a virtue that inclines us to overcome sources of division within ourselves and within society. Like any other virtue, solidarity requires constant practice; it is inseparable from personal reform.

The church's advocacy of the preferential option for the poor has led her to become a staunch defender of the Universal Declaration as an integrated whole. While most nations take a selective approach to human rights, the Holy See consistently lifts up the original vision of the Declaration--a vision in which political and civil rights are indispensable for social and economic justice, and vice versa.

As for the future, I believe the dialogue between Catholicism and the human-rights tradition will continue, and that it will be beneficial to both. One may even imagine that the resources of the Catholic tradition may be helpful in resolving several thorny dilemmas that have bedeviled the human-rights project from its outset, especially the dilemmas arising from challenges to its universality and its truth claims. The long Catholic experience in the dialectic between the core teachings of the faith and the various cultural settings in which the faith has been received helps us to see that to accept universal principles does not mean accepting that they must be brought to life in the same way everywhere. The experience of Catholicism with the inculturation of its basic teachings shows that universality need not entail homogeneity.

The framers of the UDHR had similar expectations for the relatively short list of rights that they deemed fundamental. Their writings reveal that they contemplated a legitimate pluralism in forms of freedom, a variety of means of protecting basic rights, and different ways of resolving the tensions among rights, provided that no rights were completely subordinated to others. As Jacques Maritain put it, there can be many different kinds of music played on the Declaration's thirty strings.

Another dilemma for the human-rights project is the challenge of historicism and relativism. If there are no common truths to which all men and women can appeal, then there are no human rights, and there is little hope that reason and choice can prevail over force and accident in the realm of human affairs. It is one thing to acknowledge that the human mind can glimpse truth only as through a glass darkly; and quite another to deny the existence of truth altogether. Hannah Arendt has warned, "The ideal subject of totalitarian rule is not the convinced Nazi or the convinced Communist, but people for whom the distinction between fact and fiction...and the distinction between true and false...no longer exist."

The Reason that the church defends is not the calculating reason of Hobbes--in the service of the passions--nor is it narrow scientific rationalism. It is the dynamic, recurrent, and potentially self-correcting process of experiencing, understanding, and judging that has animated her best theologians from Thomas Aquinas to Bernard Lonergan.

I trust that my enthusiasm for Catholic social thought and philosophy as seen in the light of the Universal Declaration of Human Rights will not be understood as unbridled boosterism. I am well aware that much of what our tradition has to offer was learned painfully after mistakes and sad experience. But when it comes to the creation and continuing relevance of the Declaration, the church has reason to be proud of its contribution.

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By Mary Ann Glendon

Mary Ann Glendon is the Learned Hand Professor of Law at Harvard University. Her most recent book is A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (Random House). This article is adapted from this year's Marianist Award lecture given at the University of Dayton.