{"id":1093,"date":"2008-04-02T21:32:42","date_gmt":"2008-04-03T01:32:42","guid":{"rendered":"http:\/\/s265039441.onlinehome.us\/philpaine\/?p=1093"},"modified":"2018-08-14T11:32:25","modified_gmt":"2018-08-14T15:32:25","slug":"wednesday-april-2-2008-distinguishing-between-fake-and-real-human-rights-issues","status":"publish","type":"post","link":"http:\/\/www.philpaine.com\/?p=1093","title":{"rendered":"Wednesday, April 2, 2008 \u2014 Distinguishing Between Fake and Real Human Rights Issues"},"content":{"rendered":"

A friend of mine has been com\u00adplain\u00ading about a much-pub\u00adli\u00adcized legal case, where a Sikh employ\u00adee at a lum\u00adber yard is demand\u00ading that he be exempt\u00aded from new safe\u00adty laws, which require a hard hel\u00admet when work\u00ading with lum\u00adber. There is no ques\u00adtion of the employ\u00ader using the law to fur\u00adther prej\u00adu\u00addice or racism. Sikhs are high\u00adly respect\u00aded in the com\u00admu\u00adni\u00adty. The employ\u00adee has been there for years, and the com\u00adpa\u00adny want\u00aded to solve the prob\u00adlem by shift\u00ading him to an indoor posi\u00adtion, where there would be no con\u00adflict. In the dis\u00adtant past, there have been sev\u00ader\u00adal legal squab\u00adbles where it was obvi\u00adous that reg\u00adu\u00adla\u00adtions were being used to fur\u00adther intol\u00ader\u00adant agen\u00addas. How\u00adev\u00ader, there have been none of those kind of things, to my knowl\u00adedge, for decades, and this cer\u00adtain\u00adly is not one. Is this a \u201chuman rights\u201d issue, as many claim? No, it is not.<\/span><\/p>\n

Our high\u00ader edu\u00adca\u00adtion sys\u00adtem has been much influ\u00adenced, over the last cen\u00adtu\u00adry, by total\u00adi\u00adtar\u00adi\u00adan intel\u00adlec\u00adtu\u00adals, who hat\u00aded and despised the very idea of \u201crights\u201d. For decades, most uni\u00adver\u00adsi\u00adties taught that \u201chuman rights\u201d was a mean\u00ading\u00adless phrase and an irrel\u00ade\u00advant con\u00adcept. This fos\u00adtered a belief among law\u00admak\u00aders and the edu\u00adcat\u00aded elite that only pow\u00ader and priv\u00adi\u00adlege should deter\u00admine the laws and cus\u00adtoms of our soci\u00adety. But the ordi\u00adnary sense of jus\u00adtice and fair play that still sur\u00advives among peo\u00adple, and the obvi\u00adous injus\u00adtices of the world, ensured that the con\u00adcept of rights sur\u00advived the scorn of intel\u00adlec\u00adtu\u00adals. In recent decades, the strat\u00ade\u00adgy of oppo\u00adnents of human rights has been to co-opt the term, and use it in inco\u00adher\u00adent and con\u00adtra\u00addic\u00adto\u00adry ways, so that it will become mean\u00ading\u00adless. As coun\u00adter\u00adfeit mon\u00adey deval\u00adues and dri\u00adves out real mon\u00adey, a coun\u00adter\u00adfeit notion of human rights deval\u00adues and ulti\u00admate\u00adly par\u00ada\u00adlyzes the real stuff. Because of this intel\u00adlec\u00adtu\u00adal ball-under-the-cups game, few Cana\u00addi\u00adans now have any idea what the word \u201crights\u201d means. They can only assume, from what they are taught, that it means \u201cpriv\u00adi\u00adleges\u201d or \u201cspe\u00adcial pow\u00aders\u201d, and that soci\u00adety con\u00adsists of a bunch of dis\u00adcrete groups that com\u00adpete to get as many of these pow\u00aders as they can. At the same time, any\u00adone strug\u00adgling for gen\u00aduine rights (say, for exam\u00adple, gays expect\u00ading to have their legit\u00adi\u00admate right to equal legal stand\u00ading in love and mar\u00adriage respect\u00aded) are eas\u00adi\u00adly por\u00adtrayed and denounced as \u201cseek\u00ading spe\u00adcial privileges\u201d.<\/span><\/p>\n

Among reli\u00adgious hier\u00adar\u00adchies, there is a keen under\u00adstand\u00ading that this con\u00adfu\u00adsion can be used to advan\u00adtage. Every\u00adwhere in Cana\u00adda, ortho\u00addox reli\u00adgious boss\u00ades know that the tol\u00ader\u00adance and civil\u00adi\u00adty of Cana\u00addi\u00adan soci\u00adety encour\u00adages pri\u00advate and inde\u00adpen\u00addent reli\u00adgious belief. This dis\u00adturbs them, and threat\u00adens their claims to author\u00adi\u00adty. For exam\u00adple, 80% of Cana\u00addi\u00adan Mus\u00adlims rarely or nev\u00ader attend a mosque, a pat\u00adtern iden\u00adti\u00adcal with Catholics and Protes\u00adtants. But in the press and in polit\u00adi\u00adcal cir\u00adcles, only the voic\u00ades of cler\u00adics, and usu\u00adal\u00adly cler\u00adics unrep\u00adre\u00adsen\u00adta\u00adtive of the views and val\u00adues of mod\u00adern Mus\u00adlims, are heard. Sikhs belong to a reli\u00adgion that requires more intense obser\u00advance, and rit\u00adu\u00adal sep\u00ada\u00adra\u00adtion. The tur\u00adban and the kir\u00adpan are designed to keep your reli\u00adgion vis\u00adi\u00adble at all times. But Sikhs, too, are drawn in great num\u00adbers to the easy\u00adgo\u00ading per\u00adson\u00adal inde\u00adpen\u00addence that is pos\u00adsi\u00adble in Cana\u00addi\u00adan society.<\/span><\/p>\n

The ortho\u00addox hier\u00adar\u00adchy in every reli\u00adgious move\u00adment knows that the real chal\u00adlenge to their pow\u00ader is not per\u00adse\u00adcu\u00adtion \u2014 per\u00adse\u00adcu\u00adtion clos\u00ades ranks and increas\u00ades cler\u00adi\u00adcal pow\u00ader \u2014 but tol\u00ader\u00adance and free\u00addom. Tol\u00ader\u00adance and free\u00addom encour\u00adage adher\u00adents of a reli\u00adgion to think for them\u00adselves, and this leads to ques\u00adtion\u00ading the author\u00adi\u00adty of cler\u00adgy, and per\u00adhaps to con\u00adver\u00adsion to oth\u00ader reli\u00adgions, or even worse, in their view, to \u201csec\u00adu\u00adlar\u00adism\u201d. For this rea\u00adson, it is always in the inter\u00adests of the ortho\u00addox cler\u00adgy of any reli\u00adgion to max\u00adi\u00admize fric\u00adtion and con\u00adfronta\u00adtion, and hope\u00adful\u00adly to trig\u00adger intol\u00ader\u00adance and even per\u00adse\u00adcu\u00adtion. The ortho\u00addox cler\u00adgy of reli\u00adgions that sup\u00adpos\u00aded\u00adly despise each oth\u00ader will eager\u00adly band togeth\u00ader to com\u00adbat \u201csec\u00adu\u00adlar\u00adism\u201d \u2014 by which they mean tol\u00ader\u00adance and free\u00addom. And they will use the lever\u00adage of the dis\u00adtort\u00aded con\u00adcept of \u201chuman rights\u201d devised by the anti-human-rights intel\u00adlec\u00adtu\u00adals to good effect. Many \u201csec\u00adu\u00adlar\u201d intel\u00adlec\u00adtu\u00adals, those who are firm\u00adly in the man\u00adage\u00adr\u00adi\u00adal-author\u00adi\u00adtar\u00adi\u00adan-col\u00adlec\u00adtivist tra\u00addi\u00adtion, also sense that their pow\u00ader and author\u00adi\u00adty is enhanced by col\u00adlab\u00ado\u00adrat\u00ading with self-declared reli\u00adgious lead\u00aders, whose pow\u00ader comes from exact\u00adly the same kind of intim\u00adi\u00adda\u00adtion. Both these groups want to see a soci\u00adety, not of respect for uni\u00adver\u00adsal human rights, but of grad\u00aded and com\u00adpart\u00admen\u00adtal\u00adized groups, each assigned spe\u00adcial\u00adized priv\u00adi\u00adleges and fixed roles. This view of human soci\u00adety is very ancient, and unfor\u00adtu\u00adnate\u00adly very com\u00admon, but it is not accept\u00adable in a free, demo\u00adc\u00adra\u00adt\u00adic, and mod\u00adern coun\u00adtry. We built this coun\u00adtry pre\u00adcise\u00adly to free our\u00adselves from that ter\u00admite-like vision of life.<\/span><\/p>\n

It all works out to a sim\u00adple con\u00adflict between the pow\u00ader\u00adful and the weak. By pro\u00admot\u00ading a con\u00adfused and con\u00adtra\u00addic\u00adto\u00adry notion of human rights, the pow\u00ader\u00adful have yet anoth\u00ader tool with which to manip\u00adu\u00adlate, bul\u00adly, and exploit those whom they regard as being under their author\u00adi\u00adty. Notice how glibly both the media and politi\u00adcians assume that cler\u00adgy \u201crep\u00adre\u00adsent\u201d all Mus\u00adlims, or all Catholics or all Methodists, or what\u00adev\u00ader, that they have the right to speak for them, and have legit\u00adi\u00admate author\u00adi\u00adty over them. This is non\u00adsense. Cana\u00adda is a democ\u00adra\u00adcy, and in a democ\u00adra\u00adcy, no such claims to speak for col\u00adlec\u00adtiv\u00adi\u00adties should be rec\u00adog\u00adnized. Indi\u00advid\u00adu\u00adals rep\u00adre\u00adsent them\u00adselves, speak for them\u00adselves, think for them\u00adselves. No one has the right to speak for them, or rep\u00adre\u00adsent them, unless they specif\u00adi\u00adcal\u00adly, and per\u00adson\u00adal\u00adly, choose and assign that role to someone.<\/span><\/p>\n

How to main\u00adtain respect for human rights, in this par\u00adtic\u00adu\u00adlar case, is clear to any\u00adone who actu\u00adal\u00adly believes and advo\u00adcates the con\u00adcept of human rights. Every\u00adbody has the right to believe in, and prac\u00adtice any reli\u00adgion they want. Laws about work\u00adplace safe\u00adty should be devised for the sake of pro\u00admot\u00ading work\u00adplace safe\u00adty, and no oth\u00ader rea\u00adson. Their appli\u00adca\u00adtion should be exact\u00adly the same for every\u00adone. Peri\u00adod. Reli\u00adgion should not enter the cal\u00adcu\u00adla\u00adtion as a con\u00adsid\u00ader\u00ada\u00adtion, in any way. If I dream up a reli\u00adgion that \u201crequires\u201d me to keep myself blind\u00adfold\u00aded all the time, then I can\u2019t claim I\u2019m being per\u00adse\u00adcut\u00aded if I am not grant\u00aded a pilot\u2019s license. Pilots licens\u00ades are deter\u00admined by my fit\u00adness to fly, not by my eth\u00adnic\u00adi\u00adty or my reli\u00adgion, or any oth\u00ader irrel\u00ade\u00advant fac\u00adtor. If I fol\u00adlow some cus\u00adtom that makes me incom\u00adpe\u00adtent to fly, or makes me dan\u00adger\u00adous to oth\u00aders, then it is irrel\u00ade\u00advant that the cus\u00adtom orig\u00adi\u00adnates in some church or reli\u00adgious tra\u00addi\u00adtion. The com\u00adplainan\u00adt\u2019s per\u00adson\u00adal beliefs about what he must wear are just that, per\u00adson\u00adal beliefs. He should use them to deter\u00admine what kind of jobs he wants to do or does\u00adn\u2019t want to do, but these per\u00adson\u00adal beliefs are not the con\u00adcern of work\u00adplace safe\u00adty experts, who must rec\u00adom\u00admend rules on the basis of rea\u00adson and sci\u00adence, or leg\u00adis\u00adla\u00adtors, who must leg\u00adis\u00adlate on the basis of the pub\u00adlic good, with\u00adin the frame\u00adwork of uni\u00adver\u00adsal human rights, not a prim\u00adi\u00adtive dif\u00adfer\u00aden\u00adtial caste system.<\/span><\/p>\n

The opin\u00adions of oth\u00ader peo\u00adple, who do not work in the lum\u00adber yard, but hap\u00adpen to share his reli\u00adgious beliefs, are also irrel\u00ade\u00advant. The com\u00adplainant is the only per\u00adson that the law should take into con\u00adsid\u00ader\u00ada\u00adtion, not whether he has a large num\u00adber of like-mind\u00aded peo\u00adple who share his per\u00adson\u00adal beliefs. That would amount to the claim that indi\u00advid\u00adual beliefs should be unpro\u00adtect\u00aded by the law, while beliefs that can sum\u00admon a large or influ\u00aden\u00adtial gang will be priv\u00adi\u00adleged. Behind such think\u00ading is a yearn\u00ading to estab\u00adlish a grad\u00aded caste soci\u00adety, in which some peo\u00adple are dis\u00adcard\u00aded as unim\u00adpor\u00adtant, because their group affil\u00adi\u00ada\u00adtion is unim\u00adpor\u00adtant, and oth\u00aders are ele\u00advat\u00aded to posi\u00adtions of auto\u00admat\u00adic supe\u00adri\u00ador\u00adi\u00adty. In oth\u00ader words, a prim\u00adi\u00adtive, unjust, and bar\u00adbarous soci\u00adety. Leg\u00adis\u00adla\u00adtors who devise laws to ensure the safe\u00adty of the work\u00adplace, if they have respect for human rights, will apply those laws to all cit\u00adi\u00adzens, regard\u00adless of their reli\u00adgious affil\u00adi\u00ada\u00adtions or belief, and, in fact, have no busi\u00adness even inquir\u00ading into the per\u00adson\u00adal beliefs of any cit\u00adi\u00adzen. Reli\u00adgious beliefs in Cana\u00adda are per\u00adson\u00adal choic\u00ades, and noth\u00ading else. No reli\u00adgious orga\u00adni\u00adza\u00adtion has any legal author\u00adi\u00adty over any\u00adone, and should nev\u00ader be treat\u00aded by leg\u00adis\u00adla\u00adtors as if it did.<\/span><\/p>\n

I\u2019m sure that the employ\u00adee in this par\u00adtic\u00adu\u00adlar case is sin\u00adcere. He feels that his faith requires him to do this. But remem\u00adber that the argu\u00adment pre\u00adsumes, not that he has devised these rules for him\u00adself out of his own per\u00adson\u00adal, indi\u00advid\u00adual quest for reli\u00adgious or philo\u00adsoph\u00adi\u00adcal enlight\u00aden\u00adment, but as some\u00adone obey\u00ading rules devised by some\u00adone else. Reli\u00adgious ortho\u00addoxy is not an expres\u00adsion of indi\u00advid\u00adual con\u00adscience. It is the oppo\u00adsite, the sur\u00adren\u00adder of the indi\u00advid\u00adu\u00adal\u2019s con\u00adscience and judg\u00adment to an author\u00adi\u00adty out\u00adside of him\u00adself or her\u00adself. The com\u00adplainant claims that he is not fol\u00adlow\u00ading his own judg\u00adment and con\u00adscience, but an author\u00adi\u00adty out\u00adside of him\u00adself, and that it is a con\u00adflict between two author\u00adi\u00adties, com\u00adpet\u00ading for juris\u00addic\u00adtion over safe\u00adty in lum\u00adber\u00adyards. What author\u00adi\u00adty are the employ\u00ader and the employ\u00adee sup\u00adposed to obey? \u2014 the law of the land, or some unknown per\u00adson uncon\u00adnect\u00aded to the issue, whose only author\u00adi\u00adty is self-declared \u201cown\u00ader\u00adship\u201d of a body of arbi\u00adtrary doc\u00adtrines. The answer is, the law of the land.<\/span><\/p>\n

All of this non\u00adsense is the lega\u00adcy of total\u00adi\u00adtar\u00adi\u00adan\u00adism, which still shapes our intel\u00adlec\u00adtu\u00adal life. With\u00adout a sol\u00adid ground\u00ading in what \u201chuman rights\u201d actu\u00adal\u00adly means, and with a gar\u00adbled and con\u00adtra\u00addic\u00adto\u00adry notion of human rights being ped\u00addled by our aca\u00add\u00ade\u00adm\u00adic com\u00admu\u00adni\u00adty, it\u2019s not sur\u00adpris\u00ading that cas\u00ades like this come before the courts. A promi\u00adnent Cana\u00addi\u00adan lawyer, who strug\u00adgled to found a Human Rights Com\u00admis\u00adsion in the 1960\u2019s, when it was need\u00aded, now rec\u00adog\u00adnizes that the very same com\u00admis\u00adsion is now a bureau\u00adcrat\u00adic tyrant large\u00adly ded\u00adi\u00adcat\u00aded to sti\u00adfling free expres\u00adsion and sup\u00adpress\u00ading human rights. Under the influ\u00adence of the author\u00adi\u00adtar\u00adi\u00adan notions com\u00admon in acad\u00ade\u00admia, it has assumed all sorts of dra\u00adcon\u00adian, unde\u00admo\u00adc\u00adra\u00adt\u00adic pow\u00aders, and used them capri\u00adcious\u00adly to favour or dis\u00adfavour groups of Cana\u00addi\u00adans, rather than to defend their uni\u00adver\u00adsal human rights, which they pos\u00adsess as indi\u00advid\u00adu\u00adals. This is what hap\u00adpens when you give the keys of the hen-house to the foxes.<\/span><\/p>\n

Back in the 1970\u2019s, reg\u00adu\u00adla\u00adtions against Sikh dress were clear\u00adly being employed unscrupu\u00adlous\u00adly, in con\u00adtexts moti\u00advat\u00aded by resent\u00adment of Sikh suc\u00adcess in busi\u00adness and ranch\u00ading. This was a gen\u00aduine human rights issue, a case of laws and rules being twist\u00aded to fur\u00adther a sec\u00adtar\u00adi\u00adan agen\u00adda. But nobody seri\u00adous\u00adly believes that this lum\u00adber-yard case is any\u00adthing like that. Issues and motives both shift over time. For exam\u00adple, laws against the use of mar\u00adi\u00adjua\u00adna began as part of an aggres\u00adsive cam\u00adpaign of racism against African and Mex\u00adi\u00adcan Amer\u00adi\u00adcans, back in the 1930s, then mutat\u00aded into a cam\u00adpaign against those who opposed the Viet\u00adnam War, and now is main\u00adtained because it is fab\u00adu\u00adlous\u00adly prof\u00aditable to both orga\u00adnized crime and cor\u00adrupt police. Sim\u00adi\u00adlar laws in Cana\u00adda, though less dra\u00adcon\u00adian, were ini\u00adtial\u00adly cre\u00adat\u00aded under furi\u00adous pres\u00adsure from the Unit\u00aded States, and are main\u00adtained for the same eco\u00adnom\u00adic rea\u00adsons. They are a cor\u00adner\u00adstone of Con\u00adser\u00adv\u00ada\u00adtive hatred of free\u00addom and human rights. This is an exam\u00adple of a law that does vio\u00adlate human rights, and did orig\u00adi\u00adnate in racism. All civ\u00adi\u00adlized peo\u00adple will oppose such an evil law. But a law con\u00adcern\u00ading work\u00adplace safe\u00adty, clear\u00adly con\u00adstruct\u00aded on ratio\u00adnal grounds, and fair\u00adly applied to all, is not. Real respect for human rights demands that the courts rule against this claiman\u00adt\u2019s demand for an exemp\u00adtion from it.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

A friend of mine has been com\u00adplain\u00ading about a much-pub\u00ad\u00adli\u00ad\u00adcized legal case, where a Sikh employ\u00adee at a lum\u00adber yard is demand\u00ading that he be exempt\u00aded from new safe\u00adty laws, which require a hard hel\u00admet when work\u00ading with lum\u00adber. There \u2026<\/p>\n

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