工作权?休闲权?作为人权的劳工权利

Q2 Social Sciences Law and Ethics of Human Rights Pub Date : 2009-01-01 DOI:10.2202/1938-2545.1028
Mathias Risse
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引用次数: 28

摘要

在回答哲学问题时,如果对人权进行解释,首先受到批评的就是劳动权利。众所周知,关于“休息与休闲”和“带薪休假”的第24条也是如此。本研究首先试图解释为什么劳工权利会出现在《世界人权宣言》上,然后阐述了一些反对劳工权利出现在《世界人权宣言》上的哲学观点。因此,有趣的问题不在于人们如何回应这些反对意见,而在于探索人们需要做出什么样的承诺,才能以令人满意的方式回答我们的问题。为了取得进展,我们可以将人权的概念与人权的概念进行对比。这些概念为一系列关于人权的哲学问题提供了答案。任何这样的概念都不太可能成为对人权的独特的最佳哲学解释,因为不同概念之间的分歧是复杂的(每一种概念都需要对一系列问题作出承诺)。因此,明智的问题是,要把劳动权利算作人权,人权的概念必须是什么样的,以及是否存在这样的概念。我提出了一个我认为总体上合理的概念,那就是将劳工权利视为人权。或者,也就是说:它确实将工作权视为一项人权,遗憾的是,不是在国家必须创造就业的强烈解释中,而是在较弱的意义上,即国家需要确保人们不会被系统性地排除在就业之外,并在工作场所受到某些方式的对待;它确实将休闲权视为一项人权,遗憾的是,不是带薪休假的权利。
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A Right to Work? A Right to Leisure? Labor Rights as Human Rights
Labor rights are the first to come up for criticism when accounts of human rights are offered in response to philosophical questions about them, and notoriously so Article 24, which talks about `rest and leisure' and `period holidays with pay.' This study first tries to make it plausible why labor rights would appear on the Universal Declaration, and next articulates some philosophical objections to their presence there. The interesting question then is not so much how one could respond to the objections, but to explore what commitments one needs to make to answer our question in a satisfactory manner. To make progress, we can contrast the idea of human rights with conceptions of them. Such conceptions offer answers to a set of philosophical questions about human rights. It would be rather unlikely for any such conception to emerge as the uniquely best philosophical account of human rights since disagreements among different conceptions (each of which requires commitments to a range of issues) are complex. What is sensible to ask then is what a conception of human rights would have to be like to count labor rights as human rights, and whether there is a conception of that sort. I offer one conception that I take to be plausible overall, and that does count labor rights as human rights. Or, that is: it does count a right to work as a human right, alas not in the strong interpretation according to which states must create jobs but in the weaker sense that states need to make sure people are not systematically excluded from employment, and are treated in certain ways at their place of work, and it does count a right to leisure as a human right, alas not a right to paid vacations.
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来源期刊
Law and Ethics of Human Rights
Law and Ethics of Human Rights Social Sciences-Law
CiteScore
1.90
自引率
0.00%
发文量
2
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