The State of Indiana vs. the
Universal Declaration of Human Rights
By Harry Targ / The Rag Blog / December 16, 2011
WEST LAFAYETTE, Indiana — The massive atrocities of World War II led nations to commit themselves permanently to the protection of basic rights for all human beings. Eleanor Roosevelt, the widow of the wartime President, Franklin Roosevelt, worked diligently with leaders from around the world to develop a document, to articulate a set of principles, which would bind humankind to never carry out acts of mass murder again.
In addition, the document also committed nations to work to end most forms of pain and suffering.
Over 60 years ago, on December 10, 1948, delegates from the United Nations General Assembly signed the document which they called “The Universal Declaration of Human Rights.” It consisted of a preamble proclaiming that all signatories recognize “the inherent dignity” and “equal and inalienable rights of all members of the human family” as the “foundation of freedom, justice, and peace in the world.”
The preamble declared the commitment of the signatories to the creation of a world “in which human beings shall enjoy freedom of speech and belief and freedom from fear and want…”
The Universal Declaration of Human Rights consisted of 30 articles, with varying degrees of elaboration. The first 21 articles refer primarily to civil and political rights. They prohibit discrimination, persecution for the holding of various political beliefs, slavery, torture, and arbitrary arrest and detention.
Persons have the right to speak their mind, travel, reside anywhere, have a fair trial if charged with crimes, own property, form a family, and in the main to hold the rights of citizenship including universal and equal suffrage in their country.
The remaining nine articles address what may be called social and economic rights. These include rights to basic social security in accordance with the resources of the state in which the persons reside; rights to adequate leisure and holidays with pay; an adequate standard of living so that individuals and families have sufficient food, clothing, shelter, and medical care; and education, free at least at the primary levels.
In addition, these nine articles guarantee a vibrant cultural life in the community, the right to enjoy and participate in the arts, and to benefit from scientific achievements.
While each article in the Universal Declaration of Human Rights provides a rich and vivid portrait of what must be achieved for all humankind, no article speaks to our time more than Article 23. It is one of the longer articles, identifying four basic principles:
- Everyone has the right to work, to free choice of employment, to just and favorable conditions of work, and to protection against unemployment.
- Everyone, without discrimination, has the right to equal pay for equal work.
- Everyone who works has the right to just and favorable remuneration ensuring for himself (or herself) and his (her) family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
- Everyone has the right to form and to join trade unions for the protection of his (her) interests.
Using the language of our day, the principles embedded in Article 23 of the Universal Declaration of Human Rights constitute a bedrock vision inspiring the global 99 percent to rise up against their exploiters from Cairo to Madison, to Wall Street, to cities and towns all over the world.
The global political economy is broken. The dominant mode of production, capitalism, increasingly cannot provide work, fair remuneration, rights of workers to speak their mind and organize their own associations, and the provision of a comfortable way of life all because the value of what they produce is expropriated by the top 1 percent of global society.
While each locale experiences this dilemma in its own way, the Republican-controlled legislative and executive branch of state government in Indiana is poised to pass legislation reestablishing itself as a so-called “right-to-wor” state. The RTW laws which can be found in over 20 states allow workers to gain the benefits of union representation on the shop floor without joining unions or paying for union services which are provided to all workers.
The basic goal of RTW laws is to bankrupt the labor movement. The end result, as data suggests in every state, is to reduce rights, benefits, and working conditions for all workers. The National Right to Work Committee, the American Legislative Exchange Council, and other right-wing groups funded and organized by the 1 percent, want to eliminate hard-fought worker rights which will reduce the costs of labor, wages, working conditions, and the standard of living of all workers, unionized or not.
Data about the world and data about the United States make it clear that there has been a 30-year trajectory in the direction opposite to the rights enshrined in the Universal Declaration of Human Rights. Global inequality is growing. The rights and abilities of workers to form unions are shrinking. Standards of living of most of humankind are declining. The ability of most workers everywhere to acquire secure jobs is declining.
Globally there has been a quantum shift from agricultural, manufacturing, and service employment to the informal sector, oftentimes “street hustling.”
Not only is this condition being put in place in the state of Indiana but well-financed organizations such as ALEC foresee victory in Indiana setting off a “domino effect”; Indiana, then Michigan, Illinois, Ohio, and Wisconsin. To paraphrase a late nineteenth century geo-politician, “He who controls the heartland then can control the rimland.”
And in the end, anti-worker politics in the United States, like anti-worker politics virtually everywhere around the globe, violates the fundamental principles of the Universal Declaration of Human Rights, especially its precious Article 23. The workers’ agenda is fundamentally the human rights agenda.
[Harry Targ is a professor of political science at Purdue University who lives in West Lafayette, Indiana. He blogs at Diary of a Heartland Radical — and that’s also the name of his new book which can be found at Lulu.com. Read more of Harry Targ’s articles on The Rag Blog.]
As a treaty ratified by Congress, the U.N. charter has all the power of law belonging to the Constitution, according to articles 4 and 6. The “law of the land” and the primary measure of judgment in every military or civilian court in America, American territories and American ships at sea.
The language is really explicit.
The Right Wing Lunatic Fringe adored the Plessy v Fergusson ruling except for that one clause, in Separate BUT EQUAL and hate the fact that Brown v Topeka showed that the Equality cause was not met and could not possibly be met.
Perhaps a really good objection to the RTW laws is that equal protection under the law is impossible in an unregulated market.
That is, of course, if we actually have the time for niceties of law in the face of a blatantly outlaw Corporate State.
It should be noted that even while demanding that the 99% tighten OUR budgets and adopt austerity measures, the Koch-suckers and especially the the Koch brothers have gone all out in their conspicuous consumption lifestyles and demanding that we worship and admire them for their lifestyle.
One of the Koch brothers purchased a picture of a dead outlaw, William Bonney aka Billy the Kid, for 2.3 million dollars. That’s more than any of more than half the people of America could accumulate in four lifetimes of hard labor feeding the Greedy PIG Koch brothers.
They also bought a “wild west town”, an actual municipality in Colorado which was deserted, refurbished as an amusement park where people could revel in actors recreating gunfights as a way of resolving legal disputes, Murder as a rule of law.
It’s at the core of Corporate Mentality.
THIS IS EXACTLY THE DEFIANCE OF BASIC US CONSTITUTIONAL RIGHTS AS DEMONSTRATED BY THE RISE OF MANDATORY ARBITRATION AS A UNILATERALLY, RETROACTIVELY IMPOSED CONDITION OF EMPLOYMENT IN TEXAS, IN COMPLETE DEFIANCE OF THE 7TH AMENDMENT, WHICH GUARANTEES ACCESS TO THE COURTS AS A BASIC CONSTITUTIONAL RIGHT. MEDIATION BY AGREEMENT IS FINE, BUT NOW TEXAS LAW ALLOWS BIGBIZ TO JUST NOTIFY THE WORKER THAT HE/SHE IS NOW BOUND BY A MANDATORY ARBITRATION SETUP HEAVILY SKEWED IN FAVOR OF THE CO. RE ANY CLAIMS THE WORKER MAY HAVE AGAINST THE EMPLOYER (ADA, CIVIL RIGHTS, UNIONIATION, TITLE VII, ETC. ETC) JUST BY COMING TO WORK AFTER THE NOTICE!
OUR CONSTITUTION IS BEING GROUND TO DUST, FIRST THE 4TH, THEN THE FIRST (PEACEFULLY ASSEMBLE TO PETITION FOR REDRESS= OCCUPY MOVEMENT) AND THEN THE REST OF THE BILL OF RIGHTS ARE GONE. I SWORE AN OATH BEFORE THE SUPREME COURT OF TEXAS TO UPHOLD THIS CONSTITUTION, AND I WILL DO SO AGAINST ENEMIES OF IT, DOMESTIC OR FOREIGN! AMERICAN NATIONAL GUARD/RESERVE TROOPS WILL NOT FIRE ON THEIR BROTHER CITIZENS- NOT AFTER THE WAY THEY GOT TREATED AFTER THEIR RETURN FROM THE IRAQ WAR ATROCITY! SLOWLY THE CONSTITUTIONAL ENEMIES ARE BOXING THEMSELVES INTO A LEGAL CORNER, EXCEPT THIS ONE IS NOT AS BENEFICIAL TO THEM AS THE 1%ER ECONOMIC CORNER! GET A COPY OF THE CONSTITUTION AND OCCUPY! CIVILLY DISOBEY! OUR HIGHEST FOUNDING DOCUMENT IS ON YOUR SIDE!
AND I SHUDDER TO THINK THAT THAT NEOCON SUPPORT FOR THE 2ND AMENDMENT PRIVATE ARMING MAY ONE DAY HAVE TO BE USED TO OUST THE CONSTITUTIONAL TRAITORS WHO NOW VERGE ON TREASON!IT MAY BE THE GREATEST TEST OF OUR DEMOCRACY SINCE THE CIVIL WAR!
VOTE OBAMA! HE HAD TO SPEND HIS FIRST TERM CLEANING UP THE BUSH MESS IN THE FACE OF RETHUGLICAN “NO!” CONGRESSIONAL BLOCKAGE BY EVERY MEANS- HE’LL NEED ANOTHER TERM TO GET US BACK ON TRACK AND ECONOMICALLY RE-REGULATED JUST TO GET US BACK TO THE LEVEL OF THE PRE-NIXON YEARS! YOU ARE ONE OF THE 99%! NEVER FORGET! BETTER MEN AND WOMEN THAN I HAVE DIED FOR THAT CONSTITUTION- HOW CAN WE DO LESS?
YOU CAN CALL ME….V!