By Rudy
Barnes, Jr.
On
January 6, 1941, President Franklin Roosevelt spoke of “four essential
freedoms” in his annual State of the Union address. They were the freedom of speech and
expression, the freedom of worship, the freedom from want, and the freedom from
fear. The freedom from want related to
the economic deprivations of the Great Depression and the freedom from fear
related to Hitler’s threat to Europe. The
freedoms of religion and speech were the timeless freedoms protected by the
First Amendment to the U.S. Constitution, which would later be made universal
human rights under the International Covenant on Civil and Political Rights
(ICCPR).
The
freedoms of religion and speech should be distinguished from the freedoms from want
and fear. The freedoms of religion and
speech can be enforced as civil and human rights under domestic and
international law, but the freedoms from want and fear are beyond the protection
of law. Most nations provide social
welfare programs that address essential human needs (as distinguished from wants),
but how those needs are defined by law must be left to each nation. Even so, the International Covenant on
Economic, Social and Cultural Rights (ICESCR) treats social welfare entitlements
as international human rights.
Providing
economic assistance to the needy cannot be made an obligation of international
law, but it is a requirement of economic justice and an obligation of faith for
Jews, Christians and Muslims according to their scriptures. By way of contrast, those ancient scriptures
say nothing about protecting the freedoms of religion and speech. They did not become obligations of faith
until after they were recognized as secular human rights following the
Enlightenment; and even today the freedoms of religion and speech are not recognized
as obligations of law or faith in many Islamic cultures.
There
are similar distinctions in the priorities of FDR’s four freedoms in U.S.
politics. Republicans have traditionally
favored individual rights, beginning with the freedoms of religion and speech,
often at the expense of social welfare programs, while Democrats have
traditionally favored social welfare programs.
A healthy democratic government must balance the individual rights defined
by the ICCPR with providing for the common good, which includes providing those
social welfare “rights” defined by the ICESCR.
Islamic
democracies like Turkey and Indonesia provide fundamental human rights and provide
for the common good, but most other Islamic nations deny fundamental human
rights. That is because the Cairo
Declaration of Human Rights in Islam subjects human rights to Islamic law
(shari’a), which includes apostasy and blasphemy laws that prevent any freedom
of religion or speech. Many Islamic
nations also deny women and non-Muslims equal protection of the law.
In
order to balance individual rights with providing for the common good, Islamic
nations need to eliminate apostasy and blasphemy laws and provide other fundamental
freedoms enumerated in the ICCPR that conflict with the mandates of shari’a. Conversely, the U.S. needs to balance its
emphasis on individual rights with collective obligations to provide for the
common good, including those social welfare “rights” included in the ICESCR.
Human
rights must be distinguished from political aspirations like those in the
ICESCR that defy a universal standard needed for enforcement. If “rights” to economic and social welfare assistance
cannot be enforced, it brings disrespect to the rule of law. Using similar logic, religious standards of
behavior should be voluntary and not imposed as coercive laws like those that make
apostasy and blasphemy crimes and preclude the freedoms of religion or speech.
The
four freedoms of FDR, the moral obligations of faith, and the laws that define
and protect human rights are closely related, but they must be distinguished if
human rights are to be enforced by domestic and international law; and without law
to enforce them, human rights are meaningless.
While the freedoms of religion and speech are enforceable as civil and
human rights, the freedoms from fear and from want are beyond the purview of
the law—but they are obligations of faith.
So long as people of faith live by the
greatest commandment to love God and their neighbors as themselves, they
will be free from want; and as long as they believe that God is love and that there
is no fear in love, they will be free of fear. (see I John 4:16-21).
Notes
and References to Resources:
Previous blogs on related topics
are: Faith and Freedom, December 15,
2014; The Greatest Commandment,
January 11, 2015; Religion and Human
Rights, February 22, 2015; Wealth,
Politics Religion and Economic Justice, March 8, 2015; Religion, Human Rights and National Security, May 10, 2015; Liberation from Economic Oppression, May
31, 2015; Fear and Fundamentalism,
July 26, 2015; Freedom and Fundamentalism,
August 2, 2015; Balancing Individual
Rights with Collective Responsibilities, August 9, 2015; Legitimacy as a Context and Paradigm to Resolve Religious Conflict, August 23, 2015; and The Power of Freedom over Fear, December
12, 2015.
On FDR’s four freedoms, see https://www.washingtonpost.com/opinions/the-four-freedoms-under-assault/2016/01/05/87ec12d4-b32d-11e5-9388-466021d971de_story.html?wpmm=1&wpisrc=nl_opinions.
On how religion shapes concepts
of democracy, human rights and the rule of law and for a comparison of human
rights under The International Covenant of Civil and Political Rights, The
Cairo Declaration of Human Rights in Islam, and The International Covenant on
Economic, Social and Cultural Rights, see Religion
Legitimacy and the Law at pages 7 and 8 and notes 13-20 in Resources at https://drive.google.com/file/d/0B3gvZV8mXUp-bW93ODlnNXpKc00/view;
Craig A. Stern has contrasted
social and economic rights or entitlements such as those protected under the
International Covenant of Social and Economic Rights (which Stern refers to as
positive rights) with those fundamental freedoms such as those of religion and
speech that are protected under the International Covenant of Civil and
Political Rights (which Stern refers to as negative rights), and concluded that
treating positive rights as human rights undermines the rule of law. See Craig A. Stern, Human Rights or the Rule of Law—The Choice for East Africa, March
6, 2015, SSRN, at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2574823.
Amjad Mahmood Khan has written on
How Anti-Blasphemy Laws Engender
Terrorism. See http://www.harvardilj.org/.../Antiblasphemy-Laws_0608.pdf.
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