Abstract

This article identifies and considers the existence of a manifest, though often overlooked, paradox contained within the doctrine of human rights. The principal justifications for human rights are based upon the identification of variously conceived human characteristics, or attributes of human agency. Nevertheless, human rights have all too often been required to protect some human beings from being seriously harmed by other human beings. The justification for human rights envisages a single, universal community of human beings, whereas the actual application of human rights typically testifies to the existence of two, very distinct communities: victims and perpetrators. The single greatest impetus for the drafting of the Universal Declaration of Human Rights was the desire to prevent the re-occurrence of genocide. The modern human rights regime emerged out of mountains of human corpses. One would like to claim that the impetus for human rights became less urgent after the horrors of the Holocaust. Unfortunately, genocide has persisted and gross violations of human rights remain a feature of the geo-political landscape. Our need for protective human rights remains as urgent today as it did fifty years ago. This article accounts for this paradox and answers the question: Why is it that the ultimate justification and application of the doctrine of human rights is frustrated by members of the very species upon which the doctrine is based?