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WHO GETS TO DECIDE MY FAITH?HUMAN RIGHTS, RELIGIOUS LIBERTY AND CHILD CIRCUMCISION

Jude Chua PhD FRHistS FCOT FCollT

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What Are Human Rights?

What do we mean?

Do Human Rights Exist?

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Human Rights:Protection or Promotion of Liberties

Negative Liberties “Free from….”

Positive Liberties “Free to…”

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Human Rights: Liberties + for what? Negative Liberties + Preferences/Wishes/Feelings/Wants/Desires

Positive Liberties + Ethical Account of the Good/Right/Just/Choiceworthy/Desirable

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Child Circumcision: Cologne Ban

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Child Circumcision debate (circa 13/7/2012)

Cologne Courts, Germany

Circumcision – removal of skin at the tip of the male sexual organ, often performed as a religious ritual

A question of liberties, and of human rights

Test both accounts of Human Rights

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Neg Liberties: Human Rights as the Right to Choose One’s Preferences

Values choosing according to one’s preferences (regardless of what is chosen)

Problems: Pits preferences against preferences,

rather than develop a moral claim Liberal premises have theological basis,

and are not persuasive

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Positive Liberties: Human Rights as the Right to Achieve a Good

Not about valuing one’s preferential choices, but about being enabled to enjoy goods

Enjoying the good of religion: knowing truth about God and life’s ultimate meaning, etc

(Human) Right to religious liberty? – yes, I think

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Positive Liberties: Human Rights as the Right to Achieve a Good

Against child circumcision – hmm…. Ability to decide one’s faith requires

relevant capacities Foreskin seems irrelevant as a capacity for

such decisions Unlike female genital mutilation, which is

harmful

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What’s the “problem” for the future?

Taking human rights seriously

Some “human rights” talk true, others maybe untrue?

Human Rights as a muddled discourse, our problem for the future.