IS DEMOCRACY SINE QUA NON TO HUMAN RIGHTS?

IS DEMOCRACY SINE QUA NON TO HUMAN RIGHTS?

Researcher: Alexander Diamla Dumpa

Since then, there has been a question on whether or not, the full range of human rights can only be respected and observed in a democratic government. Some argue that such rights are often violated in other forms of government. While some contend otherwise. Nevertheless, status quo shows that this question remains unanswered.

 

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Perhaps almost everyone will agree that human rights are rights that protect our personhood as human beings, and that human rights are characterized by autonomy and liberty. Since it is understood that autonomy is self-legislation and choosing one’s own conception of a worthwhile life, and that liberty is being free to pursue that conception, does it mean, therefore, that one has a right to a fair say in decisions that crucially affect him? And as a citizen or subject of a state, do not most decisions of government affect him? If so, does this mean that a government that does not allow its citizens or subjects to exercise such a right to a fair say in government decision does not respect the latter’s autonomy and liberty? Evidently, only a democratic government ensures such right of fair say, which therefore means respecting one’s autonomy and liberty. If so, is it safe to say then that democracy is indeed sine qua non in the observance of human rights?

In answering the question, the degree of coverage of autonomy and liberty must be considered as well as certain circumstances. History shows that most non-democratic governments are more likely to violate human rights especially in oligarchy and plutocracy. But is this absolute in non-democratic governments? One might argue that, “what about a modern aristocracy of talents, composed of the best judges, philosophers, economists, and public servants that a society has?” Although we are now thinking of a citizenry educated and cohesive enough to be able to form a democracy, still, people may be deprived of what they need and what they want because people do not decide for themselves. But if we say on the other hand, that democracy is better then, in terms of human rights observance, does this mean that it is absolute? No. because even a democratic government, which has proven benevolence and competence, does not automatically and necessarily assure people’s liberty.

Therefore, the answer to the question on whether or not democracy is sine qua non to human rights is: maybe yes and no, depending upon circumstances. But the question on what type of government protects human rights more effectively can be answered with certainty. If we compare which type of government respects human rights more, a government that is run by, of, and for the people is more likely to protect the same, and that is a democratic government. The United Nations thinks so too. Article 21 of the Universal Declaration of Human Rights (1948) provides that:

“Everyone has the right to take part in the government of his country, directly or through freely chosen representatives…The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

In conclusion, based on research and existing data, the link between democracy and human rights appears to be interdependent, intricate, mutually supportive and symbiotic. In fact, when we define what democracy is, we unconsciously or consciously often use features of human rights to describe the same. A functional democracy that accommodates diversity, promotes equality and protects individual freedoms is increasingly becoming more ideal against the concentration of power in the hands of a few and the abuse of human rights that inevitably results from it. History tells us that when power is given to one person or group of people, abuses, chaos, and tyranny are expected to occur. Evidently, the greatest protection of human rights, therefore, emanates from a sustainable democratic framework grounded in the rule of law.

(This article has been published in the MSU Law Gazette, Vol. 3, No. 1, A.Y. 2017-2018).