Human Rights as Basic Rights: A Path to Universality?

Abstract

The paper aims to support a view of human rights as essentially characterized by a basic content and in this sense focuses on the notion of <i>basic rights</i>. The key features associated with the notion of human rights – moral embedding and universality – should lead to regard human rights as essentially basic rights. The analysis will <i>(i)</i> argue for a notion of ‘basicness’ that is different from the notion occurring both within the so-called minimalist theories and the one worked out by Henry Shue; <i>(ii)</i> address the link between the idea of basic rights and the doctrine of the minimum core/content and <i>(iii)</i> criticize a deviation from the desirable path, which lies in shifting from the notion of <i>minimum core of rights</i> to the notion of <i>core rights</i>.

The paper aims to support a view of human rights as essentially characterized by a basic content and in this sense focuses on the notion of <i>basic rights</i>. The key features associated with the notion of human rights – moral embedding and universality – should lead to regard human rights as essentially basic rights. The analysis will <i>(i)</i> argue for a notion of ‘basicness’ that is different from the notion occurring both within the so-called minimalist theories and the one worked out by Henry Shue; <i>(ii)</i> address the link between the idea of basic rights and the doctrine of the minimum core/content and <i>(iii)</i> criticize a deviation from the desirable path, which lies in shifting from the notion of <i>minimum core of rights</i> to the notion of <i>core rights</i>.