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There was no consensus on what should be global human rights before 1948 that is correct.
Before that, the only rights you had, were the ones afforded to you by your lord, king, queen, emperor, president, prime minister, etc. For a very long time, all over the world. A lot of people had, literally. No rights at all. They were used, sold, worked, as slaves.
So it's a wonderful thing that a bunch of countries came together and tried their best to determine some basic Human Rights that everyone should adhere to. Being afforded citizenship of the country you're currently inside at the time of birth. Is not one of them.
If you ever bothered to actually look into them. You might find article 15 of interest.
You have the Human Right to belong to a nation. But it does not stipulate which nation. Nor how you acquire the nationality. Some countries have it as the place where you were physically born. Others have it as an extension of your parents nationality.
I could explain this further if you so wish. But I doubt you'd care for it. In any case. What you personally think should and shouldn't be a human right, won't change the status of the actual Human Rights. Just like what you personally think should and shouldn't be legal in your country, won't change the status of the laws currently put in place.
I understand the legal theory of human rights perfectly well, thanks though.
What you seem to be missing is that legality isn't the end of morality, but an agreeable approximation endorsed by a government.
The universal declaration of human rights isn't even that. It doesn't carry the weight of law.
It seems that you're arguing that no one should be denied a nationality, but that no one needs to grant you one. So your right to a nationality can be violated by... No one? Someone has to let you in, but no one in specific is responsible, and you can be stripped of it as long as it's not arbitrary. You have the right to change it, but not to anything in particular. Is that about right?
This is of course ignoring the provision against exile, protection of freedom of movement and residence, or the right to return to your homeland. Although you seem to believe that a right to return to your homeland has no basis in where your homeland actually is.
Interesting. Maybe using a document weighed to be inoffensive to powerful nations shouldn't be taken as the highpoint of morality. It's almost like any statement that might create the connotation of "moral obligation" is couched in layers of exceptions or vagueness.
Did you know the Holocaust was perfectly legal? And, since you say we didn't even have human rights before then, just the whim of the ruler, it wasn't even a human rights violation to gas children and burn their bodies!
Perfectly legal, and hence perfectly moral. Right?
People who can't see the distinction between morality and legality are disgusting.
Things can be legal, and still immoral. Just like things can be illegal, but still moral.
Law and morality are two separate things. They are not bound by eachother.
I personally don't think it's moral for a 40 year old to go and pick up 18 year olds. But it's perfectly legal. My opinion of the morality of it, is not going to change the legal status.
The nation of your parent is responsible for your nationality. I've said it numerous times by now. Are you not following along?
You are correct. It was not a Human Rights Violation because that did not exist as the time. That doesn't make it moral. That doesn't make it ok.
Your whole thing seems to be if something is legal, it's also moral. Why do you think that has to be the case?
You do realise that you're literally (and I don't use that word carelessly) the person who is unable to distinguish morality from legality.
Your reading comprehension is lacking if you think I'm failing to distinguish between legality and morality.
You're failing basic comprehension that human rights are a concept that exists outside of the law. The law referring to human rights does not make the law the arbiter of human rights.
Read a book, and think about where you went wrong that you're arguing that the Holocaust wasn't a human rights violation.
I get that you think you're being pedantic about what you think is a legal term being misused. You're not. You're being an asshole about an ethics term being used properly in a context you were ignorant of.
You have demonstrated that you cannot distinguish the two.
That's your quote. "Perfectly legal, and hence perfectly moral. Right?". That shows you are unable to distinguish law and moral, since you seem to think everything legal has to be moral.
You can try to move the goalpost as much as you wish. It's still not going to change the facts of what Human Rights are. The only thing you're showcasing is your ignorance. And in saying things which you do not understand, you undermine what actual Human Rights violations encompass.
I cannot face palm hard enough. You actually lack reading comprehension that hard.
That section does not imply that I think morality and the law are identical. That's me believing that you do, and making an assertion that your beliefs would lead you to the indefensible position that the Holocaust wasn't a human rights violation.
Also before I realized that you were being pedantic in ignorance, as revealed by you defending the notion that the Holocaust wasn't a human rights violation.
I choose to interpret that you're ignorant of philosophy, and now also not fluent enough in English to actually properly engage in this type of conversation, rather than think you're a person who sees nothing wrong with the Holocaust.
In summary: "human rights" are a philosophical and ethical concept discussed under that and other names for thousands of years. That concept has clear implications for the law, and so the term is also used in a legal context. Most people refer to the philosophical context because morality is above the law.
Seeing as I no longer have confidence in the ability of this discussion to go anywhere due to communication impediments, I'm done. Have a good day.
I did not once suggest that what is legal, must be moral. That is your assumption. Not mine.
Why would you think I see nothing wrong with the holocaust? I stated in no uncertain terms I find it immoral and not ok. That is the opposite of not seeing anything wrong. And you have the gall to critique my reading comprehension...
"Human Rights" is a Declaration of rights made by the UN. Your personal opinion of how you want them to be perceived. Does not alter what they are, how they came to be, or what they encompass.
That is a wild statement. Morality is definitely not above the law. In some very religious countries, morality is law, but that is as far as it will go.
What basis do you have for proclaiming "most people" refer to the "philosophical context"? You pulled it out of your ass.
You turn to insults because you lack the education to make proper arguments. And just like the trumpers, you cannot admit you've been wrong, so you double down no matter how silly it gets. Good luck with that.
Would help if you stopped using legal terms to argue moral ones then. Then you wouldn't get people like him arguing with you.
He's right, you are wrong. Full stop. Human rights is a legal term and defined in written word. Your issue is a moral not a legal one. You need to use proper terms and make yourself clear.
Blood right nationality and birth right nationality both are equally legal.
Going from one to the other is perfectly legally fine. Hell it's even morally fine. If anything there is less problems with blood right over birth right. As birth right nationality has frequent issues with births outside of the country, and since fewer countries use birth right it causes even more.
Yes it's all the America's that use it, but that's more a size of land mass not an actual population argument. By number of people, and countries blood right is the common method.
There are clear moral issues with WHY trump is doing this. And being upset at those reasons is perfectly moral. Hell I don't like him doing this either. It's for all the wrong reasons and being done in a fucked up way. But that doesn't mean switching citizenship methodology is bad or wrong would also just be objectively incorrect. It can be done in a perfectly legal AND morally acceptable way.
Trump just of course doesn't care about legal or moral thus the problems.
But humans rights it is not. Stop using a legal term that only quasi is connected to your words. It undermines your own stance. It only makes it hard to actually take you serious. It just makes you come across as trying to cause a panic instead of actually taking a stance.
Very well written. I couldn't have said it better myself.
Citation needed. That's seriously such a preposterous stance that I actually skipped reading your entire response after I got to it.
https://plato.stanford.edu/entries/rights-human/
The concept of human rights and the morality of how those with power act towards those without has been discussed under many names for millennia. It's been discussed under the name "human rights" long before we started using it as a legal term. Hint: where do you think the legal term came from?
Philosophy pertaining to the law is not that same thing as the law.
It's actually in the founding documents of our country that human rights are not defined by the legal system, and that we can only specifically enumerate a subset that we find critically important.
https://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_States_Constitution
This makes sense because the philosophical works that were inspirational and popular amongst the founders were those of natural rights philosophers of different sorts quite concerned with human rights in general. You can see it in how the preamble is basically a summary of them.
All that aside: being shocked that someone is discussing morality when discussing human rights is naive and a cop out for a shitty opinion.
Alright, I felt bad and went back to try reading. I got to the bit where it seems you think the US only has jus soli citizenship (speaking of needing to use the right term) instead of both "by blood" and "by soil" and stopped again. Supporting both is actually quite easy. Possession of a US birth certificate makes you a citizen. Either parent being a citizen makes you a citizen. More problems arise from "by blood" citizenship, since you need to present the child and proof of parental citizenship before someone with authority to decide if the credentials are valid. A US citizen born abroad results in quite the bundle of paperwork as well as in-person consulate visits. Being born in a US hospital it's a short form where a hospital official affirms where they were born. The rest is just vital records for statistics.