首页|人权的道德性

人权的道德性

The Morality of Human Rights

扫码查看
《世界人权宣言》体现了一种特殊的道德属性:人权的道德性.文章将探讨几个有关道德的问题,其中最首要的基本问题是:在人权的道德性存在的前提下,其应当以何种理由被接受而非拒绝.文章将对道德平等权和道德自由权两类人权进行详细解释,进而探究其对堕胎和同性婚姻这两项人权争议产生的影响.
Since the end of the Second World War,"human rights"has emerged as an unprecedented phenomenon and has become a truly global morality.This paper refers to it as"the morality of human rights",which includes not only the human rights recognized by the vast majority of countries in the world but also a fundamental norm,namely that"All human beings...should act towards one another in a spirit of brotherhood."This norm is embodied in Article 1 of the contemporary foundational human rights document,the Universal Declaration of Human Rights.It is fundamental because it is the normative foundation of the morality of human rights.This paper will explore several questions about the morality of human rights,the most basic of which is:on the premise of the existence of the morality of human rights,on what grounds should it be accepted rather than rejected.It is not easy to find reasons on an atheistic level:on one hand,natural law theories represented by the"fundamental impartiality"have not successfully proven that egoism is inherently contradictory or irrational,and the diversity of moral norms demonstrates that the common needs of humanity do not have a decisive influence on their way of life,and not only one morality is consistent with human nature;on the other hand,despite facing challenges to the universality and effectiveness of moral norms,atheists still strive to create a more harmonious world.Through their personal sensual experiences and sympathy for the pain of others,they have constructed their moral stance and participated in shaping social policies.At the same time,this paper will give a detailed explanation of two categories of human rights,moral equality and moral freedom,and then explore their impact on the human rights controversies of abortion and same-sex marriage.The human right to moral equality means that everyone has the right to be treated equally by others,to be treated in no less favorable a manner than anyone else.The human right to moral freedom prohibits the government from interfering with individuals'freedom to live according to their moral beliefs and convictions by prohibitions or in other ways,unless the government's interference is proportional.In the issue of abortion,this paper will distinguish legislation that prohibits abortion as"extreme"and"permissive",arguing that the former violates women's rights to moral equality,while the latter may infringe on the rights to moral freedom.And"the exclusion policy"concerning same-sex marriage,by failing to safeguard the rights of same-sex partners to engage in intimate relationships of their choosing,violates the human right to moral freedom.

the morality of human rightsabortionsame-sex marriage

迈克尔·J.佩里、张伟、刘思源

展开 >

美国埃默里大学

中国政法大学人权研究院

人权道德 堕胎 同性婚姻

2024

人权法学
西南政法大学

人权法学

ISSN:2097-0749
年,卷(期):2024.3(2)
  • 252