The Egalitarian Dimension of Human Rights
International audience ; Recently, some authors have tried to link international human rights to equality and equal status in particular, and hence to fill a gap that was left open by human rights theorists and equality specialists alike. Neglect for that connection is attributable both to the lack of interest for international law and politics beyond domestic boundaries that has long plagued theories of egalitarianism, but also to the resilience of foundationalist and especially monist approaches to the justification of human rights. Even though the egalitarian dimension of international human rights has now been uncovered, more work is needed on what that normative ideal means in the human rights context and from the perspective of human rights theory, and in particular on how it may be combined with a universal justification of human rights. My argument in the chapter is three-pronged. A first section of the chapter presents a conception of equal moral status and uncovers its intimate relationship to political equality. There, I delineate the notion of equal moral status from that of dignity and argue that while the latter plays a meaningful role qua requirement of respectful treatment, it should not be confused with the former and only plays a limited role in the human rights context. In the second section, I argue that human rights are grounded in interests and that political equality works as threshold in the recognition of the importance of cettain interests qua human rights. In turn, the egalitarian dimension of human rights explains how human rights are both moral and legal rights, on the one hand, and both domestic and international legal rights, on the other. The third section of the argument is dedicated to exploring the implications of the egalitarian dimension of human rights for some vexed issues in international human rights law, such as the relationship between human rights, non-discrimination rights and the equality principle in international law. The tensions between ideal and non-ideal ...