Wednesday, April 2, 2008 — Distinguishing Between Fake and Real Human Rights Issues

A friend of mine has been com­plain­ing about a much-pub­li­cized legal case, where a Sikh employ­ee at a lum­ber yard is demand­ing that he be exempt­ed from new safe­ty laws, which require a hard hel­met when work­ing with lum­ber. There is no ques­tion of the employ­er using the law to fur­ther prej­u­dice or racism. Sikhs are high­ly respect­ed in the com­mu­ni­ty. The employ­ee has been there for years, and the com­pa­ny want­ed to solve the prob­lem by shift­ing him to an indoor posi­tion, where there would be no con­flict. In the dis­tant past, there have been sev­er­al legal squab­bles where it was obvi­ous that reg­u­la­tions were being used to fur­ther intol­er­ant agen­das. How­ev­er, there have been none of those kind of things, to my knowl­edge, for decades, and this cer­tain­ly is not one. Is this a “human rights” issue, as many claim? No, it is not.

Our high­er edu­ca­tion sys­tem has been much influ­enced, over the last cen­tu­ry, by total­i­tar­i­an intel­lec­tu­als, who hat­ed and despised the very idea of “rights”. For decades, most uni­ver­si­ties taught that “human rights” was a mean­ing­less phrase and an irrel­e­vant con­cept. This fos­tered a belief among law­mak­ers and the edu­cat­ed elite that only pow­er and priv­i­lege should deter­mine the laws and cus­toms of our soci­ety. But the ordi­nary sense of jus­tice and fair play that still sur­vives among peo­ple, and the obvi­ous injus­tices of the world, ensured that the con­cept of rights sur­vived the scorn of intel­lec­tu­als. In recent decades, the strat­e­gy of oppo­nents of human rights has been to co-opt the term, and use it in inco­her­ent and con­tra­dic­to­ry ways, so that it will become mean­ing­less. As coun­ter­feit mon­ey deval­ues and dri­ves out real mon­ey, a coun­ter­feit notion of human rights deval­ues and ulti­mate­ly par­a­lyzes the real stuff. Because of this intel­lec­tu­al ball-under-the-cups game, few Cana­di­ans now have any idea what the word “rights” means. They can only assume, from what they are taught, that it means “priv­i­leges” or “spe­cial pow­ers”, and that soci­ety con­sists of a bunch of dis­crete groups that com­pete to get as many of these pow­ers as they can. At the same time, any­one strug­gling for gen­uine rights (say, for exam­ple, gays expect­ing to have their legit­i­mate right to equal legal stand­ing in love and mar­riage respect­ed) are eas­i­ly por­trayed and denounced as “seek­ing spe­cial privileges”.

Among reli­gious hier­ar­chies, there is a keen under­stand­ing that this con­fu­sion can be used to advan­tage. Every­where in Cana­da, ortho­dox reli­gious boss­es know that the tol­er­ance and civil­i­ty of Cana­di­an soci­ety encour­ages pri­vate and inde­pen­dent reli­gious belief. This dis­turbs them, and threat­ens their claims to author­i­ty. For exam­ple, 80% of Cana­di­an Mus­lims rarely or nev­er attend a mosque, a pat­tern iden­ti­cal with Catholics and Protes­tants. But in the press and in polit­i­cal cir­cles, only the voic­es of cler­ics, and usu­al­ly cler­ics unrep­re­sen­ta­tive of the views and val­ues of mod­ern Mus­lims, are heard. Sikhs belong to a reli­gion that requires more intense obser­vance, and rit­u­al sep­a­ra­tion. The tur­ban and the kir­pan are designed to keep your reli­gion vis­i­ble at all times. But Sikhs, too, are drawn in great num­bers to the easy­go­ing per­son­al inde­pen­dence that is pos­si­ble in Cana­di­an society.

The ortho­dox hier­ar­chy in every reli­gious move­ment knows that the real chal­lenge to their pow­er is not per­se­cu­tion — per­se­cu­tion clos­es ranks and increas­es cler­i­cal pow­er — but tol­er­ance and free­dom. Tol­er­ance and free­dom encour­age adher­ents of a reli­gion to think for them­selves, and this leads to ques­tion­ing the author­i­ty of cler­gy, and per­haps to con­ver­sion to oth­er reli­gions, or even worse, in their view, to “sec­u­lar­ism”. For this rea­son, it is always in the inter­ests of the ortho­dox cler­gy of any reli­gion to max­i­mize fric­tion and con­fronta­tion, and hope­ful­ly to trig­ger intol­er­ance and even per­se­cu­tion. The ortho­dox cler­gy of reli­gions that sup­pos­ed­ly despise each oth­er will eager­ly band togeth­er to com­bat “sec­u­lar­ism” — by which they mean tol­er­ance and free­dom. And they will use the lever­age of the dis­tort­ed con­cept of “human rights” devised by the anti-human-rights intel­lec­tu­als to good effect. Many “sec­u­lar” intel­lec­tu­als, those who are firm­ly in the man­age­r­i­al-author­i­tar­i­an-col­lec­tivist tra­di­tion, also sense that their pow­er and author­i­ty is enhanced by col­lab­o­rat­ing with self-declared reli­gious lead­ers, whose pow­er comes from exact­ly the same kind of intim­i­da­tion. Both these groups want to see a soci­ety, not of respect for uni­ver­sal human rights, but of grad­ed and com­part­men­tal­ized groups, each assigned spe­cial­ized priv­i­leges and fixed roles. This view of human soci­ety is very ancient, and unfor­tu­nate­ly very com­mon, but it is not accept­able in a free, demo­c­ra­t­ic, and mod­ern coun­try. We built this coun­try pre­cise­ly to free our­selves from that ter­mite-like vision of life.

It all works out to a sim­ple con­flict between the pow­er­ful and the weak. By pro­mot­ing a con­fused and con­tra­dic­to­ry notion of human rights, the pow­er­ful have yet anoth­er tool with which to manip­u­late, bul­ly, and exploit those whom they regard as being under their author­i­ty. Notice how glibly both the media and politi­cians assume that cler­gy “rep­re­sent” all Mus­lims, or all Catholics or all Methodists, or what­ev­er, that they have the right to speak for them, and have legit­i­mate author­i­ty over them. This is non­sense. Cana­da is a democ­ra­cy, and in a democ­ra­cy, no such claims to speak for col­lec­tiv­i­ties should be rec­og­nized. Indi­vid­u­als rep­re­sent them­selves, speak for them­selves, think for them­selves. No one has the right to speak for them, or rep­re­sent them, unless they specif­i­cal­ly, and per­son­al­ly, choose and assign that role to someone.

How to main­tain respect for human rights, in this par­tic­u­lar case, is clear to any­one who actu­al­ly believes and advo­cates the con­cept of human rights. Every­body has the right to believe in, and prac­tice any reli­gion they want. Laws about work­place safe­ty should be devised for the sake of pro­mot­ing work­place safe­ty, and no oth­er rea­son. Their appli­ca­tion should be exact­ly the same for every­one. Peri­od. Reli­gion should not enter the cal­cu­la­tion as a con­sid­er­a­tion, in any way. If I dream up a reli­gion that “requires” me to keep myself blind­fold­ed all the time, then I can’t claim I’m being per­se­cut­ed if I am not grant­ed a pilot’s license. Pilots licens­es are deter­mined by my fit­ness to fly, not by my eth­nic­i­ty or my reli­gion, or any oth­er irrel­e­vant fac­tor. If I fol­low some cus­tom that makes me incom­pe­tent to fly, or makes me dan­ger­ous to oth­ers, then it is irrel­e­vant that the cus­tom orig­i­nates in some church or reli­gious tra­di­tion. The com­plainan­t’s per­son­al beliefs about what he must wear are just that, per­son­al beliefs. He should use them to deter­mine what kind of jobs he wants to do or does­n’t want to do, but these per­son­al beliefs are not the con­cern of work­place safe­ty experts, who must rec­om­mend rules on the basis of rea­son and sci­ence, or leg­is­la­tors, who must leg­is­late on the basis of the pub­lic good, with­in the frame­work of uni­ver­sal human rights, not a prim­i­tive dif­fer­en­tial caste system.

The opin­ions of oth­er peo­ple, who do not work in the lum­ber yard, but hap­pen to share his reli­gious beliefs, are also irrel­e­vant. The com­plainant is the only per­son that the law should take into con­sid­er­a­tion, not whether he has a large num­ber of like-mind­ed peo­ple who share his per­son­al beliefs. That would amount to the claim that indi­vid­ual beliefs should be unpro­tect­ed by the law, while beliefs that can sum­mon a large or influ­en­tial gang will be priv­i­leged. Behind such think­ing is a yearn­ing to estab­lish a grad­ed caste soci­ety, in which some peo­ple are dis­card­ed as unim­por­tant, because their group affil­i­a­tion is unim­por­tant, and oth­ers are ele­vat­ed to posi­tions of auto­mat­ic supe­ri­or­i­ty. In oth­er words, a prim­i­tive, unjust, and bar­barous soci­ety. Leg­is­la­tors who devise laws to ensure the safe­ty of the work­place, if they have respect for human rights, will apply those laws to all cit­i­zens, regard­less of their reli­gious affil­i­a­tions or belief, and, in fact, have no busi­ness even inquir­ing into the per­son­al beliefs of any cit­i­zen. Reli­gious beliefs in Cana­da are per­son­al choic­es, and noth­ing else. No reli­gious orga­ni­za­tion has any legal author­i­ty over any­one, and should nev­er be treat­ed by leg­is­la­tors as if it did.

I’m sure that the employ­ee in this par­tic­u­lar case is sin­cere. He feels that his faith requires him to do this. But remem­ber that the argu­ment pre­sumes, not that he has devised these rules for him­self out of his own per­son­al, indi­vid­ual quest for reli­gious or philo­soph­i­cal enlight­en­ment, but as some­one obey­ing rules devised by some­one else. Reli­gious ortho­doxy is not an expres­sion of indi­vid­ual con­science. It is the oppo­site, the sur­ren­der of the indi­vid­u­al’s con­science and judg­ment to an author­i­ty out­side of him­self or her­self. The com­plainant claims that he is not fol­low­ing his own judg­ment and con­science, but an author­i­ty out­side of him­self, and that it is a con­flict between two author­i­ties, com­pet­ing for juris­dic­tion over safe­ty in lum­ber­yards. What author­i­ty are the employ­er and the employ­ee sup­posed to obey? — the law of the land, or some unknown per­son uncon­nect­ed to the issue, whose only author­i­ty is self-declared “own­er­ship” of a body of arbi­trary doc­trines. The answer is, the law of the land.

All of this non­sense is the lega­cy of total­i­tar­i­an­ism, which still shapes our intel­lec­tu­al life. With­out a sol­id ground­ing in what “human rights” actu­al­ly means, and with a gar­bled and con­tra­dic­to­ry notion of human rights being ped­dled by our aca­d­e­m­ic com­mu­ni­ty, it’s not sur­pris­ing that cas­es like this come before the courts. A promi­nent Cana­di­an lawyer, who strug­gled to found a Human Rights Com­mis­sion in the 1960’s, when it was need­ed, now rec­og­nizes that the very same com­mis­sion is now a bureau­crat­ic tyrant large­ly ded­i­cat­ed to sti­fling free expres­sion and sup­press­ing human rights. Under the influ­ence of the author­i­tar­i­an notions com­mon in acad­e­mia, it has assumed all sorts of dra­con­ian, unde­mo­c­ra­t­ic pow­ers, and used them capri­cious­ly to favour or dis­favour groups of Cana­di­ans, rather than to defend their uni­ver­sal human rights, which they pos­sess as indi­vid­u­als. This is what hap­pens when you give the keys of the hen-house to the foxes.

Back in the 1970’s, reg­u­la­tions against Sikh dress were clear­ly being employed unscrupu­lous­ly, in con­texts moti­vat­ed by resent­ment of Sikh suc­cess in busi­ness and ranch­ing. This was a gen­uine human rights issue, a case of laws and rules being twist­ed to fur­ther a sec­tar­i­an agen­da. But nobody seri­ous­ly believes that this lum­ber-yard case is any­thing like that. Issues and motives both shift over time. For exam­ple, laws against the use of mar­i­jua­na began as part of an aggres­sive cam­paign of racism against African and Mex­i­can Amer­i­cans, back in the 1930s, then mutat­ed into a cam­paign against those who opposed the Viet­nam War, and now is main­tained because it is fab­u­lous­ly prof­itable to both orga­nized crime and cor­rupt police. Sim­i­lar laws in Cana­da, though less dra­con­ian, were ini­tial­ly cre­at­ed under furi­ous pres­sure from the Unit­ed States, and are main­tained for the same eco­nom­ic rea­sons. They are a cor­ner­stone of Con­ser­v­a­tive hatred of free­dom and human rights. This is an exam­ple of a law that does vio­late human rights, and did orig­i­nate in racism. All civ­i­lized peo­ple will oppose such an evil law. But a law con­cern­ing work­place safe­ty, clear­ly con­struct­ed on ratio­nal grounds, and fair­ly applied to all, is not. Real respect for human rights demands that the courts rule against this claiman­t’s demand for an exemp­tion from it.

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