Competing standards of rights

Rights, justice and political strategy

Individual and collective rights claims

**Diverse standards and understandings of rights** refer to disagreements about which entitlements people possess, where they come from, who holds them and when they can be restricted. Recognizing a right in principle, then, doesn’t guarantee agreement about what it means or how it should be implemented.

### Why standards differ

Rights can be seen as universal moral claims, constitutional protections, treaty-created duties or norms rooted in a particular community. Disputes become especially clear when civil and political liberties clash with religious practices, national security, social welfare or collective traditions.

| Approach | Understanding of rights |
|---|---|
| Universalist | All people hold fundamental rights because they are human; neither culture nor sovereignty can excuse serious violations. |
| Culturally relative | A society’s history, religion and communal values should shape how rights are interpreted and prioritized. |
| Liberal | Particular emphasis falls on individual liberty, legal equality and protection from arbitrary state power. |
| Postcolonial | Standards presented as universal may reflect Western historical experience or reproduce unequal power between states. |
| Feminist | Formal equality isn’t enough when institutions and social practices maintain gendered power in public and private life. |
| Constructivist | Rights standards evolve as states, courts, movements and international organizations reshape accepted norms. |

These positions aren’t complete opposites. A government might accept universal rights treaties but argue that local conditions should guide implementation. Local activists, meanwhile, may draw on international standards to challenge their own government.

### Different categories and priorities

Some political systems prioritize **civil and political rights**, such as expression, political participation and due process. Others put more weight on **economic, social and cultural rights**, including education, health, work and cultural participation. These categories are interdependent. Political participation is harder without education, while access to social services may depend on freedom from discrimination.

There is also disagreement about whether rights primarily protect individuals or extend to communities and peoples. Collective protections can preserve language, culture and land. However, they may conflict with the liberty of individuals who reject a community’s dominant practices.

### France and reproductive freedom, 2024

In 2024, France amended its constitution to protect the freedom of women to end a pregnancy. Supporters described constitutional entrenchment as a safeguard against future political reversal and as part of gender equality.

The decision also shows how the same issue may be framed as personal autonomy or as a question involving competing claims about life, religion and public morality. The French standard reflects a particular legal and political settlement, not the end of the debate.

### United States and *Dobbs v Jackson Women’s Health Organization*, 2022

In 2022, the United States Supreme Court ruled in *Dobbs* that the federal Constitution did not confer a right to abortion. This returned substantial regulatory authority to individual states, so access came to depend far more heavily on location and state-level political power.

The contrast with France shows that democracies committed to liberty and constitutional government can define both the content and institutional protection of a claimed right differently. It also exposes a dispute over whether courts or elected legislatures have greater legitimacy to settle contested rights.

### Uganda’s Anti-Homosexuality Act, 2023

Uganda’s 2023 Anti-Homosexuality Act imposed severe penalties relating to same-sex conduct and associated activities. The government and its supporters invoked social values and national autonomy. Ugandan activists, UN officials and external governments argued instead that the law violated equality, privacy and freedom from discrimination.

Here, cultural-relativist and universalist claims became entangled with sovereignty. Postcolonial arguments appeared on both sides as well. Some portrayed external criticism as Western pressure, whereas activists stressed that colonial rule had itself shaped the legal regulation of sexuality.

### Connections across global politics

Standards of rights depend on **power** as governments, courts, social movements and international institutions compete to define legitimate norms. They also link rights and justice with development and peace. Unequal access to welfare affects meaningful freedom, while systematic exclusion can contribute to structural violence and conflict.

**Politicization of rights and justice** occurs when political interests and struggles for power shape how actors frame, prioritize or enforce rights claims. A politicized claim isn’t automatically false, but its motives, selectivity and consequences need scrutiny.

### How politicization works

Governments may highlight violations committed by rivals while ignoring similar behaviour by allies. Leaders can also invoke rights to bolster domestic legitimacy, justify coercive action or discredit opponents. At the same time, labelling an issue “political” may be a tactic used to dismiss credible criticism.

**Humanitarian arguments** justify action by appealing to the prevention or reduction of severe human suffering. They may be used to support relief assistance, diplomatic pressure, sanctions or, in exceptional cases, military action.

The **Responsibility to Protect (R2P)** is the commitment endorsed by UN member states in 2005 that each state must protect its population from genocide, war crimes, ethnic cleansing and crimes against humanity. The international community should provide assistance and may take collective action through the United Nations when national authorities manifestly fail. R2P therefore qualifies absolute interpretations of sovereignty, but it doesn’t give individual states an unrestricted right to intervene militarily.

**Sanctions** are restrictions designed to change an actor’s conduct, constrain its capabilities or signal condemnation. They can target states, economic sectors, organizations or named individuals, using measures such as asset freezes, travel bans and trade restrictions.

### Political tools and their disputes

| Practice | Claimed purpose | Central dispute |
|---|---|---|
| Public human-rights criticism | Expose abuse and pressure those responsible | Whether criticism is applied consistently or directed selectively at adversaries |
| Humanitarian justification | Protect people facing severe harm | Whether humanitarian language masks strategic interests |
| R2P | Prevent or respond collectively to atrocity crimes | Who decides when action is necessary and how coercion can remain limited |
| Sanctions | Achieve accountability without direct warfare | Whether sanctions change elite behaviour or mainly harm civilians |

### Russia’s invasion of Ukraine, 2022

Russia cited claims of genocide and the need to protect people in eastern Ukraine as part of its justification for the 2022 invasion. Ukraine rejected the claims. The International Court of Justice then issued provisional measures ordering Russia to suspend the military operations begun under the stated genocide-prevention rationale.

This case shows how states may use humanitarian and rights language to seek legitimacy for force. It also shows why evidence and lawful multilateral authorization matter when separating genuine protection claims from political instrumentalization.

### Libya and R2P, 2011

In 2011, UN Security Council Resolution 1973 authorized measures to protect civilians in Libya, including a no-fly zone. Supporters saw the action as a necessary response to threatened mass violence. Critics, however, argued that NATO’s campaign shifted from civilian protection towards regime change.

The dispute weakened later confidence in R2P, particularly among Russia, China and states concerned about Western intervention. It shows how perceived inconsistency can damage the legitimacy of a humanitarian norm, even when the original protection concern is genuine.

### Sanctions following Myanmar’s military coup, 2021

After Myanmar’s military seized power in 2021 and violently suppressed opposition, the United States, European Union and United Kingdom imposed or expanded targeted sanctions. These measures affected military leaders, military-linked bodies and economic interests. The governments involved presented sanctions as a way to support accountability without resorting to direct military intervention.

Critics doubted that fragmented external pressure would change the military leadership’s calculations and warned that civilians could face indirect economic costs. The differing responses of Myanmar’s neighbours also revealed how security, trade and regional non-interference shape the enforcement of rights.

### Contested perspectives

Realists expect states to use rights language selectively, since security and strategic advantage remain their principal concerns. Liberals put greater faith in treaties, courts and coordinated sanctions, though they acknowledge that inconsistent enforcement harms institutional legitimacy.

Constructivists examine how repeated references to human rights can strengthen norms, even when actors have mixed motives. Postcolonial perspectives stress unequal agenda-setting: powerful states often have greater capacity to define a crisis, impose sanctions or avoid scrutiny themselves. Feminist analysis asks whose suffering attracts attention and whether policies account for gendered experiences of repression, displacement and conflict.

Politicization links rights and justice directly to **sovereignty**, **legitimacy** and **interdependence**. It also connects to peace and conflict because protection measures may reduce violence, intensify hardship or help justify the use of force.

**Individual rights** are entitlements that each person holds, including liberty, equality, privacy and freedom of expression. **Collective rights** belong to, or are exercised by, a group or people. Examples include cultural protection, self-determination, collective bargaining and control over traditional land.

These claims often support each other. An individual may only be able to exercise language, religious or workplace rights effectively through a community. Yet tensions arise when collective rules limit personal choice, or when an individual property claim clashes with a community’s claim to territory.

### Major areas of claims

**Labour rights** cover fair and safe working conditions, freedom of association and the ability to organize and bargain collectively. They reveal how workers depend on states, trade unions and transnational businesses.

**Indigenous land claims** tie territory to culture, livelihood, identity and political autonomy, rather than viewing land simply as transferable property. Such disputes commonly involve governments, extractive industries, agricultural interests and Indigenous communities.

**Gender-equality movements** confront unequal laws, opportunities and power relations. Feminist approaches emphasize that injustice occurs in households and workplaces, as well as in social institutions and formal state policy.

Rights concerning **sexual identity, orientation and behaviour** include equality before the law, privacy, expression, association and protection from discrimination or violence. Opponents may appeal to religion, social morality or collective tradition. This creates a direct conflict between individual liberty and claimed communal values.

### Bangladesh and garment-worker rights, 2021

The International Accord for Health and Safety in the Textile and Garment Industry took effect in 2021. It built on earlier arrangements connecting global clothing brands and trade unions with factory safety commitments in Bangladesh. The accord shows how workers can exercise collective power across borders when multinational supply chains organize production.

It also links rights with development. Low-cost export growth can create employment, but competitive pressure may undermine safety and bargaining power. Responsibility is therefore shared among the Bangladeshi state, factory owners, international brands and consumers; it isn’t confined to one jurisdiction.

### Brazil and Indigenous land claims, 2023

In 2023, Brazil’s Supreme Federal Court rejected the proposed “time-limit” interpretation. Under this approach, Indigenous peoples would generally have needed to prove that they occupied claimed territory on the date of the 1988 Constitution. Indigenous organizations argued that the test ignored communities displaced before that date and threatened their constitutional land rights.

Brazil’s Congress later advanced legislation supporting the restrictive approach. The result was a struggle involving Indigenous peoples, legislators, the presidency, courts and agribusiness. At stake were collective rights, sovereignty, environmental sustainability and competing models of economic development.

### Iran’s Woman, Life, Freedom movement, 2022

The Woman, Life, Freedom protests spread across Iran in 2022 after Mahsa Amini died following her detention by the morality police. Protesters opposed compulsory dress rules and broader structures of political and gender inequality. The state, meanwhile, treated the mobilization as a threat to public order and regime security.

Here, a claim to individual bodily autonomy became a collective demand for political transformation. A feminist reading draws attention to the link between control over women’s behaviour and the wider distribution of state and social power.

### India and legal recognition of same-sex relationships, 2023

In *Supriyo v Union of India* in 2023, India’s Supreme Court declined to establish a legal right to same-sex marriage. It held that major changes to the marriage framework belonged to the legislature. Although the judgment acknowledged the dignity and difficulties experienced by queer people, it didn’t grant the recognition sought by the petitioners.

Supporters of marriage equality presented the issue as one of equal citizenship, liberty and protection from discrimination. Opponents and institutional critics focused instead on legislative authority, the existing structure of family law and the social consequences of judicially directed change.

### Balancing claims and perspectives

Liberals usually start from equal individual freedom and demand strong justification for any restriction. Communitarian positions place more weight on shared values and social cohesion. Constructivists examine how movements, courts and public debate change what society recognizes as a right.

Postcolonial analysis cautions against presenting rights change as something delivered only by outside actors. Local workers, women, Indigenous peoples and LGBTQ+ activists develop their own claims. Feminist analysis points out that supposedly neutral laws may reproduce unequal power. It also shows why collective movements can be necessary before individuals enjoy rights in practice.

These debates connect rights and justice with the other thematic studies. Labour and land claims involve poverty, inequality, development and sustainability. Repression and exclusion can amount to structural violence and contribute to conflict, while organized non-violent movements can confront injustice and reshape political legitimacy.

Nature, practice and study of rights and justice

Global Politics

Global Politics examines contemporary political issues and power dynamics at local, national, and international levels. The course encourages students to critically analyze global challenges, understand different political perspectives, and develop skills in political analysis and international relations.

2.4 Debates on rights and justice

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