Slides discussing the relations between the concepts of dignity and rights

1. Unit 3
Human Dignity and Human Rights
Soraj Hongladarom
Department of Philosophy and Center for Ethics
of Science and Technology,
Chulalongkorn University

2. Outline
• Concept of ‘Human Dignity’
– Definition and Analysis
– Cultures
– Histories
– Justifications and Theories
• Concept of ‘Human Rights’
– Definition and Analysis
– Cultures, Histories
– Theories and Justification

3. Outline
• Applications of these concepts in bioethics
– Doctor-patient relationship
– “Rights of Patients”
– Treatment of patients with dignity
• Problems
– Do embryos have dignity?
– What about human tissues?
– Individual vs. Community?
– Others.

4. Human Dignity
• Dignity: ‘the quality of being worthy
of esteem or respect’
• Etymology
• One has dignity when one is
accorded respect by others; hence,
dignity seems to be a relational
concept.
• However, some may think otherwise.

5. Dignity in Cultures
• All cultures have a concept of
dignity, but in ancient times not all
people had the same dignity.
• The nobles were more ‘dignified’
than the commons.
• This changed with Christianity (in the
West). Cf. Nietzsche’s genealogy of
morals.

6. Dignity in Asian Cultures
• Broadly the same as the West.
• Ancient Indian caste system: certain
groups were more ‘dignified’ and
‘cleaner’ and ‘purer’ than others.
• This changed with Buddhism.

7. History
• Though the idea of all human beings
deserving equal respect dated back
to the ancient times, actual
implementation of the idea into
social reality started in earnest with
the advent of modernity in the 16th
century.
• The idea came with mercantile
interests and the rise of capitalism.

8. Justification and Theories
• The Hindus justified their caste
system through referring to different
origins of the different castes.
• Buddhist changed that to actions
performed by the individuals
themselves.
• The same was roughly the case for
the pagan Romans and the
Christians (Nietzsche).

9. • The moderns justify human dignity
by referring to the human capability
of reasoning.
• “Never treat a human being as a
means, but always as an end”
(Kant).

10. Human Rights
• The conception of human rights follows
from that of human dignity.
• By talking about rights, it is meant that
humans are entitled to some protection by
the state, which has to take active stance
in enforcing the rights.
• A kind of protection that the state is
obliged not to encroach and also ensures
that nothing else can do so either.

11. What are Rights?
• There have been many discussions
and debates of the nature of rights.
• The Natural Rights theorists believe
that rights belong to humans in
about the same way as height or
weight.
• However, this theory is challenged by
those who view rights more as a
positive concept, something arising
out of the use of legal power.

12. Examples
• The Magna Carta
• The Bill of Rights
• The Universal Declaration on Human
Rights
• The Constitution of Thailand (2007)

13. Cultures
• Human rights become controversial
when different cultures seem to
perceive it differently.
• Some have argued that it is a
Western product or Western
invention, which means it is not
compatible with the cultural contexts
of Asia.

14. • This argument has been made often
in the 90’s as a result of attempts to
politicize human rights.
• But respect for human rights
transcends politics. It is not merely
the case that the Universal
Declaration was promulgated as a
political tool for the West to oppress
the rest. This would be self
contradictory.

15. Justification
• Human rights are often justified by
referring to the concept of human dignity,
or the intrinsic worth of a human being.
• Capability of reasoning is crucial. For Kant,
it seems that entitlement to rights follows
logically from one who is capable to think
on one’s own.
• So if robots can ‘think on their own,’ then
robots have to be accorded rights.

16. Specific Examples
• Total lack of respect for human
dignity and rights resulted in recent
history in the atrocities performed,
for example, by German doctors in
name of scientific experiment on
Jews.

17. • Most hospitals in Thailand hang a placard
stating the rights of patients.
• But it remains to be seen to what extent
these rights are actually observed and
enforced.
• There is an ingrained attitude that
technical matters should be left to
technicians.(“Doctors know best.”)
• These concepts are the underpins of the
requirement for informed consent in
participation in research projects.

18. Case Study
• Last year the Thai government issued
compulsory licensing of three drugs--two
for AIDS and one for heart disease. The
main rationale was that the Thai citizens
have a right to health care, and the
government has to do everything within its
power to guarantee the right.
• However, the attempt was seen to infringe
on the right of the patent holders to
market their products within the patent
period.

19. Questions
• How are we to think of this issue? Is
there a common ground according to
which this issue can be satisfactorily
resolved?
• Whose rights are being violated by
issuing, or not issuing, compulsory
licensing?

20. Questions
• Based on your own experiences in
your communities, what are the
issues that concern human rights or
rights of patients the most?
• What have been done to solve the
problem? What should be done in
the future?