I’ve argued before that human rights and morality are at best two partially overlapping domains. Many human rights imply a right to do wrong: free speech includes the right to insult and to break promises, two things which most reasonable accounts of morality would consider wrong. A lot of what is prohibited by morality is protected by human rights. Most would consider systematic lying – as opposed to lies of convenience – a breach of elementary moral rules, and yet the liar is protected by his or her free speech rights.
The other side of the coin: zealous pursuits of moral goals – even universally accepted moral goals such as justice and fairness – often lead to violations, sometimes gross violations of human rights. Think communism. Strong convictions about good and evil can lead to violent coercion of others who don’t conform to these convictions. FGM is another example: one of the reasons why people engage in female genital mutilation is the fear that if women are left unmolested they won’t be able to restrain their sexuality and will likely act immorally.
People often think as follows: given that they are convinced that X is the right thing to do (morally speaking) they conclude that they have a right to force others to do X. Needless to say that this conclusion is not acceptable. Life would be a hell of permanent coercion if it were.
However, it’s not impossible to imagine cases in which the morally right thing to do should be done even if it leads to rights violations: the ticking time bomb case comes to mind.
Of course, rights and morality do overlap in a lot of cases: murder is morally wrong, and there is a right to life that should be respected. I could cite literally hundreds of examples. Many things are morally wrong and at the same time violations of rights. If you have a right to do something, often you’ll also do the right thing; or better: if someone has a right to do X or a right to X, then others will be forced to do the right thing, which means acting in ways that respect that X.
A handy summary in visual form:
More posts in this series are here.