Wednesday, January 06, 2010

We Hold These Truths...

It is so simple, yet so eloquent - that most important phrase from the Declaration of Independence. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

We take it as a statement of faith, that we are all created equal, and that we have unalienable Rights. Three of these rights are listed for us - Life, Liberty and the pursuit of Happiness - but these are only some of the rights that we believe that our Creator has endowed us with. The problem is, nowhere, and at no time (to my knowledge) have we attempted to identify any unalienable rights beyond these three.

The United States Constitution guarantees certain rights for American citizens, but today, we have millions of people living within our borders that are not Americans. Some are here legally, some are not. Additionally, we hold individuals as prisoners that have been captured on or near the field of battle. While none of these people may not necessarily enjoy all the rights promised by the Constitution, if the Declaration means anything to us, there remain rights that are unalienable, that every person on the planet has, regardless of gender, race or creed.

So, what are these Rights of Man, and wouldn't it be worth the time to create some sort of document that outlines them, the same way as the Bill of Rights specifically identifies some of the rights protected by the Constitution? It could be a sort of Universal Bill of Rights. We know the first three - Life, Liberty and the pursuit of Happiness. Beyond that, though, it becomes murky, and so I am asking, what other rights, beyond those mentioned specifically in the Declaration of Independence, should we consider to be unalienable. I would posit that another addition to the list would be a writ of Habeas Corpus, that anyone being held should have the right to petition against illegal imprisonment. Yet another would probably be the right NOT to be tortured, although there are arguments about whether there should be the rare exception to this, as well as what rises to the level of torture. There must be others as well. The question is, what are they.

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