ABSTRACT
Central to the mass popularity of human rights is its moral simplicity. HR values commit us to appreciating the humanity of all, acting morally and treating others with fairness and respect. HR are “primarily ethical demands” (Sen 2004 , p. 319) that transcend legal commands, for they are justifi ed with or without governmental approval. People intuitively associate HR with the right and the good. We certainly differ on the details, but there is widespread agreement that some things are so bad they should never be done to anyone (e.g., murder, torture, slavery, wanton cruelty), and that there are some things basic to living a minimally decent life that should be promoted for everyone (e.g., access to health care, education, fair governance, equal protection under the rule of law). The unifying “idea of a shared humanity” connects us and entitles us to help others (Sen 1997 ). The universal appeal of HR comes from its moral foundations. As Amartya Sen ( 2004 , p. 315) puts it: “There is something deeply attractive in the idea that every person anywhere in the world, irrespective of citizenship or territorial legislation, has some basic rights, which others should respect. The moral appeal of human rights has been used for a variety of purposes, from resisting torture and arbitrary incarceration to demanding the end of hunger and of medical neglect.” Some of these purposes have more appeal than others. To fi gure out which, Sen appeals to the marketplace of ideas. “The universality of human rights relates to the idea of survivability in unobstructed discussion.” We need to submit our ideas to ethical scrutiny through a process of global public reasoning (Sen 2004 , pp. 315, 320; see also Rawls 1996 , pp. 119-125 and Etzioni 2010 ). In this chapter, I examine the intense focus on Israel and the role of the IHRM. I contend that there exists a proportionality problem that is a dominant factor in the global debate. This skews the open moral dialogue and constitutes a deeply unattractive misuse of the moral appeal of HR.
