Originalism and International Human Rights

Eleanor Roosevelt holding the English language version of the Universal Declaration of Human Rights in November 1949

In the United States, there is a long-standing debate over how to best interpret the U.S. Constitution.  Some hold to the view of the originalist interpretation, the idea that the Constitution should be interpreted based on the original understanding of the Constitution and its intentions.  On the other hand, you have those who hold to the view of the Constitution as a living and breathing document, that our interpretation of the Constitution should evolve in the context of the times we live in.

Now this debate is taking itself to the international stage.  Abortion advocates were confronted with a huge failure to establish any kind of international “abortion rights” at conferences such as the 1994 International Conference on Population and Development in Cairo (thanks, in large part, to Pope John Paul II) or the 1997 Beijing Conference. Following this failure, abortion advocates resorted to reinterpreting already existing UN declarations, such as the Universal Declaration of Human Rights and its provision on the right to life, to, ironically, include “abortion rights” (the mental gymnastics here as to how the right to life gives you the right to take life is blowing my mind).

This is a strategy that, if we are not careful, can be successful. It has happened in the United States with the Constitution (Who can honestly say that the original understanding of the Constitution is still in effect?) and it can happen internationally in regard to UN documents, as well.

The notion that our interpretations of UN resolutions, especially in the area of human rights, can evolve is a ludicrous one (after all, the Western concept of rights rests on the idea that they are God-given).  Nation-states do not sign on to a document with the intention that 50 years from now, it can mean something totally different.

This campaign of reinterpreting legal documents to mean whatever is current and popular must be exposed; Ultimately, sunlight is the best disinfectant.  The UN agencies that participate in this agenda, such as the United Nations Population Fund (UNFPA), the Office of UN High Commissioner for Human Rights (OHCHR) and UN Women, must be called out and fought against for every inch of their dishonest interpretations.

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