İnsan Hakları Kimin Hakları?

Abstract

The issue of who is the subject of human rights has been on the agenda since the French Declaration of the Rights of Man and Citizen and the debate on which human is the one whose rights are defined in the Declaration. Critics who argue that “inalienable” rights “by birth” as formulated in the Declaration point to an abstract, historically uncontextualized “human”, reach this conclusion from different perspectives. Criticisms focus on the ideas that under the veil of universality, being a subject of rights depends on various preconditions such as belonging to a public sphere or bourgeois class, being a male property owner, citizenship. Referred criticisms are the backbone of the debate on where the working class, women, LGBTI+ people, refugees; in other words, where “others” of human rights fall in the system of rights. The question of the subject of human rights, beyond serving as a pure theoretical discussion, is valuable for identifying the functioning of the human rights system. In this sense, are rights violations with certain patterns an “anomaly” of the rights system or inherent in it? Pursuing the answer, the study presents the main criticisms of human rights and the theoretical problems of human rights concept.…