双重标准。国际人权的政治性质

J. Sap
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引用次数: 1

摘要

国际人权法是一个复杂的领域。乍一看,人权似乎更关心国家与个人的关系,而不是国家间的关系。要真正深入了解人权,似乎对特定法律体系的宪法的了解是理解人权真正含义的最佳途径。但在这种方法中,保护人权的责任往往仅限于领土国家。这样做的风险是,侵犯人权的行为主要被视为在遥远的土地上由“他人”实施的一系列可怕的事情。现在,一种不同的方法占据了主导地位。人权被认为是普遍的,其基础是共同的人性和共同的责任。争取人权是对人的尊严的追求。人权革命的巨大推动力是大屠杀,在第二次世界大战期间杀害了600万犹太人。当纳粹政权对某一特定群体发动战争时,公民身份无法提供保护。随着1945年联合国的成立,人权在国际法中得到承认,尽管人权的概念在当时并不新鲜。如果我们把人权看作是对“他人”的关注,那么人权在宗教和哲学中有着深刻的根源。《创世纪》谈到了上帝的孩子的价值和神圣性,以及人类对彼此的责任,这在该隐的呼喊中得到了说明:“我是我兄弟的守护者吗?”“基督谈到需要照顾穷人、病人和饥饿的人,并对陌生人有同情心。人权是与自然法理论联系在一起发展起来的,在17世纪和18世纪,人权被表述为公民反对专制国家中国王的“神权”的主张(人文主义者、改革派、约翰·洛克、1789年的法国人权宣言)。美利坚合众国的《独立宣言》(1776年)指出:“我们持有这些真理
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Double standards. The Political Charachter of International Human Rights
International human rights law is a complex field. At first glance, it would seem that human rights aremore concerned about the relationship of the state with the individual than with inter-state relations. To get really deep into a human right it seems that knowledge of the constitutional law of a specific legal system is the best way to understand what that human right truly means. But in this approach the responsibility for protecting a human right is often limited to the territorial state. The risk is then that violations of human rights are primarily seen as a list of terrible things carried out in distant lands by and against ‘others’. Now a different approach is more dominant. Human rights are seen as universal, based on the notion of shared humanity and shared responsibility. Striving for human rights is a quest for human dignity. The big impetus for the human rights revolution was the Holocaust, the killing of six million Jews during the Second World War. When the Nazi regime made war on a particular group of people, citizenship gave no protection. Human rights were acknowledged in international law with the creation of the United Nations in 1945, although the concept of human rights at that time was not new. If we see human rights as a concern with ‘others’, human rights have deep roots in religion and philosophy.The Book of Genesis speaks of the value and sacredness of God’s children and the responsibility that human beings have towards each other, illustrated in the cry of Cain: ‘Am I my brother’s keeper?’ Christ spoke of the need to take care of the poor, the sick and the hungry and have compassion with strangers. Human rights were developed in connection with natural law theory and were formulated as claims of the citizens against the ‘divine right’ of kings in the absolutist state in the seventeenth and eighteenth century (humanists, reformists, John Locke, the French Declaration of the Rights of Man and of the Citizen in 1789). The Declaration of Independence (1776) of the United states of America states: ‘We hold these truths
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