The Immanent Dichotomy of Human Rights: Emergency Powers v. Universal Protection
We usually think of Human Rights as having two main characteristics. The first is their universal aspect, which basically refers to their source of validity and to the range of their possessors. The second is their political aspect, which refers to their respondent: the states' governments. In this paper I argue that the opposition between the two creates an immanent dichotomy that enables the violation of Human Rights by their addressee. I show one effect of this dichotomy through inquiring the issue of human rights during national emergencies. I argue that in such situations, where human rights are most fragile and vulnerable, and desperately needed, governments use their power (with the permission of both human rights theorists and even human rights conventions and covenants) and violate them, at least temporarily. I criticize this permission and claim that human rights should be respected even during national emergencies.
Document Type: Research Article
Publication date: 01 July 2008
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