Comment by knollimar
2 months ago
Their point is doing a thing for a long time doesn't enshrine it as a right.
The comment before could have said "should be a human right".
imo it's very frustrating having people say "thing I want is a right". What gives them that right? Are all laws not violation of rights if you extend that
They are completely ignoring the context of this whole thread, which exists because the highest court in the land (Kenyan land, that is) has affirmed that right.
Ggp's is as absurd as a North Korean commenting on a SCOTUS ruling on the right to a fair trial by saying "This is a new human right I didn't even know I had."
The rights of particular countries' citizens aren't usually construed with 'human rights.' I believe 'human rights' is of UN origin.
The rights of US citizens, for instance, don't currently apply to the folks getting deported. It's a big controversial point, but of course the rights of the constitution aren't guaranteed to some guy in France.
Human rights aren't those.
In this case, Kenyan citizens gained a right, not humans.
> Human rights aren't those.
What are they, then? If you can name one, I'll find you a jurisdiction where that right is not respected.
Your (incorrect, IMO) definition of human rights based on the lowest common denominator whittles them down to nothing. Fundamentally I suspect what you and I are calling "human rights" is not the same thing at all.
All rights now encoded in law were originally moral claims.
And before they were rights encoded in law were they rights?
I feel it makes your claim weaker to go from "should have" to "is a right" if there's any doubt in it.
There's strong "we have a right to ancillary thing" arguments you can make that rely on a right, but those rely on that right being a given, not the premise
When somebody says "X is a right", that does not necessarily mean they think the case is closed and the discussion is over. It can also mean that they are making an assertion, which frames the discussion for the follow-up questions that you are now making.