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<i>Regarding the relationship between rights and authority I think,
yes, authority plays a major role on two dimensions. The one dimension
would be protection against authority while the other would be securing
rights by an authority. This all depends on one's understanding of the
concept of right in the first place.
(jeanette)</i><br>
<br>
<br>
Jeanette,<br>
<br>
Would you support the validity of both forms of rights (that some
rights can be those which are secured through the 'authority' while
others are secured agsinst it)?<br>
<br>
The right to education would be an example of the second one. <br>
<br>
regards<br>
Guru<br>
<br>
<br>
<br>
Jeanette Hofmann wrote:
<blockquote cite="mid:48BE9115.5010805@wzb.eu" type="cite"><br>
<br>
Avri Doria wrote:
<br>
<blockquote type="cite"><discussion on rights and not the content
of the paper
<br>
- which i will state no opinion on due to possible conflicts of
<br>
interest as a consultant for the IGF secretariat>
<br>
<br>
<br>
On 3 Sep 2008, at 13:07, Jeanette Hofmann wrote:
<br>
<br>
<blockquote type="cite">A narrow interpretation restricts rights to
those that enable rights holders to file a suit against those who
violate the right. I don't see who could be held accountable for the
lack of "an Internet in ones own language". The latter might be a
political goal but it certainly doesn't sound like a right to me.
<br>
</blockquote>
<br>
<br>
While i agree that we have to be careful with devaluation of rights by
making the definition too broad, this would argue that there are no
rights without authority - the prerequisite of 'someone to be held
accountable' that is being offered in several people definitions.
<br>
</blockquote>
<br>
There is of course the concept of natural rights which precede legal
rights.
<br>
<a class="moz-txt-link-freetext" href="http://en.wikipedia.org/wiki/Natural_rights">http://en.wikipedia.org/wiki/Natural_rights</a>
<br>
<br>
My understanding is that such natural rights are even narrower than
constitutional rights but, again, I am not an expert.
<br>
<br>
As an aside, natural rights played a major role in the design of the
continental version of intellectual property rights. Such a natural
right of the author to his work doesn't exist in the american copyright
law. So, it seems even natural rights need to be (legally) secured to
keep their relevance.
<br>
<br>
Regarding the relationship between rights and authority I think, yes,
authority plays a major role on two dimensions. The one dimension would
be protection against authority while the other would be securing
rights by an authority. This all depends on one's understanding of the
concept of right in the first place.
<br>
jeanette
<br>
<br>
<blockquote type="cite"><br>
i believe we have rights, i would call them fundamental rights, on
account of our definition of what it means to be human within a
society and not because we have someone to hold accountable. Holding
someone accountable is secondary to the existence of a right not the
prerequisite for one. People had rights before the UDHR was adopted,
they just were not spelled out in that form.
<br>
<br>
There are rights that are fundamental because we are human and that is
how we have agreed to define being human, some of these rights have
been guaranteed, minus caveats like article 29, in the UDHR. There may
also be fundamental rights that have not yet been protected (e.g sexual
orientation, assistance for disability - though these may fall under
the general rubric of other status in the UDHR)
<br>
<br>
There are also derivative rights - those things that are rights by
virtue of fundamental rights being dependent on those things.
<br>
<br>
As an argument, the right to Internet for all in all languages could be
interpreted as being a requirement by which a fundamental right -
education can be met.
<br>
<br>
<br>
e.g.
<br>
<br>
UDHR Article 26.
<br>
<br>
(1) Everyone has the right to education. Education shall be free,
at least in the elementary and fundamental stages. Elementary education
shall be compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to
all on the basis of merit.
<br>
<br>
(2) Education shall be directed to the full development of the
human personality and to the strengthening of respect for human rights
and fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of
peace.
<br>
<br>
(3) Parents have a prior right to choose the kind of education
that shall be given to their children.
<br>
<br>
(2 and 3 may contradict each other (parent chooses the education
of intolerance), but that is another discussion)
<br>
<br>
<br>
The Internet was designed to be an educational tool - and has become an
indispensable part of learning about today's world and, i would argue,
it is impossible to be fully literate in today's world with having
learnd the Internet and through the Internet about the world. So I
would argue that the right to a multilingual Internet is a derivative
of the fundamental right of education.
<br>
<br>
I believe similar arguments can be made for development being a
derivative rght - many of the other fundamental rights cannot be met
without development.
<br>
<br>
So while I believe rights spring from a source deeper then who is
accountable for them, we do find that anyone who is a UN member is
committed to the UDHR and is accountable for the fundamental rights by
the declaration they 'signed.' And I believe that a strong argument
can be made that they are also responsible for all of the rights that
derive from these.
<br>
<br>
While there is much room for argument about interpretations on what is
truly necessary to meet the requirements of the fundamental rights, i
think it is essential to press on the right to those things that are
seen as necessary to meet the fundamental obligations. And while that
fact that someone is accountable is not the source of the rights, it is
good that some nations have agreed that they are responsible for at
least this set of rights and should be held accountable not only for
rights that are written (caveat, they should feed and stop torturing
first) but for all those things that are rights by virtue of being
necessary to enable the other rights.
<br>
<br>
<br>
a.
<br>
<br>
<br>
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