4.6.05

Os direitos contraditórios previstos na "constituição" europeia

In some ways, the EU Constitution parallels America's, defending rights such as freedom of religion and freedom of expression. However, it also guarantees a far broader array of rights, as well. Its Charter of Fundamental Rights includes rights to education, housing assistance, job placement services, preventative health care, social services, social security benefits, paid maternity leave, and more.

Unfortunately, that expansive combination of rights is inconsistent with a more fundamental right to be free. The Constitution says "No one shall be held in slavery or servitude" but it might have added: unless the EU itself is doing the holding.###

"Positive" rights to housing, education, health care, etc., provided by or mandated by government, require that someone else must pay for them. But the corresponding obligation necessarily violates others' "negative" right to liberty, by taking their income without their consent, despite the fact that liberty is also guaranteed as a fundamental right.

Thus do we gain a fuller understanding of the following line from the EU Constitution: "No one may be deprived of his or her possessions, except in the public interest..."

Positive rights are really just desires that can be converted into rights only by employing government to take away others' property, violating their rights. In contrast, negative rights are prohibitions laid out against others, especially against government's overwhelming power.