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When Might Becomes Human Right – When Might Becomes Human Right –

How Ontological Realism Matters in Life and How Ontological Realism Matters in Life and LearningLearning

Professor dr.philos. Janne Haaland Matlary,

Institute of Political Science, University of Oslo and the National Defence University College

Guest Lecture, Catholic University, April 19th, 2011

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First Principles in Life and Learning:First Principles in Life and Learning:

What is a human being?How can we know, if at all?Is there truth to be discovered? If yes, human rights existIf no, they are politics – or positive law –

In my own life, the quest for answers led me to the Church and to my profession

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The Catholic intellectual contributionThe Catholic intellectual contribution

Is tremendous – you probably take it for granted, but in Norway there are no Catholic high schools or universities

But historically, the Church invented both – Benedictine schools early in Roman empire, church ran education in many states to the present day

Church at forefront of knowledge and all sciences, ex. Jesuits and astronomy

Pontifical Academy of Science

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The essence of being and knowingThe essence of being and knowing

Is the human being and the question of meaningThere is no contradiction between faith and science It all starts with ontology – that which exists, then

with epistemology – how we knowTake the Nobel Peace Prize to Liu Chiabou: Does

his freedom of expression exist when his government says no? - Likewise, can slavery be adopted if a majority wants it? –

The answer depends on ontology

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Arguments Arguments

All that exists, is power, thereforeAll law is but positive lawErgo, freedom of expression exists if the Chinese

politbureau so decides

Freedom of expression is a function of human dignity,

Is inherent and inalienable, thus apolitical Ergo, freedom og expression belongs to Liu

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Aristotle versus NietszcheAristotle versus Nietszche

Aristotle: man is a social and rational animalErgo, he can reason about both «fact» and

«value», what we call natural law

Nietszche: will to power is the human drive, Ergo, power determines everything

The Church developed the natural law tradition and upholds it

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What are human rights?What are human rights?

1946 The Nuremburg Trials – a higher law than positive law

1948 The Universal Declaration of Human Rights – authoritative, ’peremptory norms’

”Human rights are based on human DIGNITY and are INHERENT” – preamble

Natural law tradition in Europe and in US liberal arts colleges and universities

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After 1948…After 1948…

No importance until 70s (anti-apartheid), and Carter’s presidency

Only really important at end of Cold War when communism ceased to insist on absolute state sovereignty

Human rights take precedence over state sovereignty in international law

States are obliged to secure the HR of their citizens

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The Power of HRThe Power of HR

Through the international courts (ICC; ECHR, ICTY, Rwanda-tribunal)

Through monitoringThrough media and NGO ’shaming’ – scrutiny from

international and national actorsHR only «common ideology» today

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Other HR sourcesOther HR sources

European Convention of Human Rights,1950; court in Strasbourg

Especially important on rights of prisoners, fair trial, etc. But valid only for signataries

Norway is inspected by Council of Europe and reprimanded, visits to prisons, etc. We have been critisized over our use of custody

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Also the EU develops HRAlso the EU develops HR

A Charter of HRIs part of the constitutional treaty, may become lawOwn courtHR conditionality towards third countries, including

trade partnersEU major actor besides the US

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Human Rights to stayHuman Rights to stay

From European to Universal, but only politically and legally important after 1990s

Aggressive advocates want to change human rights – or can they be changed? Ex. The family and marriage

Legal view that HR are dynamic – and politically the HR concept is extremely useful

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A Bill of HR into the Norwegian A Bill of HR into the Norwegian Constitution?Constitution?I sit on an expert panel tasked to propose how to

do thisEuropeans depend on the Strasbourg Court today.

They just ruled on the presence of crucifixes in Italian state schools. This case illustrates the dilemma: If HR cannot be defined objectively, they become powerful political tools of manipulation

Lautsi vs. Italia - case

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The Holy See and Human RightsThe Holy See and Human Rights

I negotiated for the Holy See in several UN conferences

We uphold and support international human rightsThe Declaration of Human Rights of 1948 is a

natural law documentBut how should one interpret «evolution»,

development, etc?Checks and balances needed in international

system