THE RELEVANCE OF JÜRGEN HABERMAS’S THEORY OF COMMUNICATIVE ACTION AS THE PHILOSOPHICAL FOUNDATION OF HUMAN RIGHTS ENFORCEMENT IN INDONESIA

Habermas’s theory of communicative action is highly relevant as a philosophical foundation for upholding human rights, emphasizing the intrinsic value of each individual, which must not be eliminated by any power. This is supported by Article 6 paragraph (1) of the International Covenant on Civil and Political Rights, ratified as Law Number 12 of 2005. Critical theory, a school of philosophy, focuses on liberating human knowledge from transcendental and empirical oppression, critiquing ideologies that perpetuate social oppression. Human rights have become a dynamic issue in Indonesia, especially during the Presidential Election, with widespread discussions at national and international levels. Countries, organizations, and individuals are increasingly voicing concerns about human rights issues. These problems are complex, particularly in resolving and sanctioning perpetrators, leading some to view human rights as “merely theoretical.” Applying critical theory is crucial in this context, as perfected by Jürgen Habermas. This research employs normative methods, including statutory, conceptual, and case approaches. It concludes that Jürgen Habermas’s theory of communicative action and John Locke’s natural law are similar, emphasizing the inherent meaning of external rights. This grounding makes Habermas’s theory important for upholding law and human rights internationally, although its implementation remains ambiguous.


A. Introduction
This critical theory stems from the socialist concept attributed to Karl Marx in 1848, known as communism or commune during the turbulent dictatorship of the French Government.It is aimed at universal suffrage, popular critique of government, religious freedom and separation of church and state, and a non-militaristic perspective.In short, it is called equality in western democracy. 1The terms "socialism" and "communism" are intertwined that Marx often uses them interchangeably.Regardless, they have a minor difference instead .The economic approach defines socialism as the shift of private ownership to the government through clear procedures and compensation.Meanwhile communism is the shift of private ownership to the government by coercion and without compensation. 2Despite a minor difference, they have different objectives.
Marx's philosophical depiction of human beings of human and world interconnection and interaction piques most attention.This interconnection and interaction occurs of people and the between individuals and society, and among individuals.Marx is therefore the first to realize that the moral values of the Enlightenment (which in his time were reflected in bourgeois values) are ineffective and unaffiliated with social relations. 3According to Marx, human 1 Thomas Sowell, "Karl Marx and the Freedom of the Individual," Ethics 73, No. 2 (January,  1963): 119 2 Deliarnov, Perkembangan Pemikiran Ekonomi (Rajagrafindo Persada: Jakarta, 2014), 62 3 Marina F. Bykova, "On the Philosophical Relevance of Marx's Views Today," Frontiers of Philosophy in China 9, No. 3 (September, 2014): 372 beings, or potential human beings, are products of nature.Humans are the first to establish the physical organization of individuals and their relations with the rest of nature. 4For this reason, Habermas distinguishes three important knowledge interests in mediating human relations with nature, other people, and the social world, and themselves:5 1. technical-instrument interests, that develop to serve explanatory and objective purposes, i.e., knowledge of natural processes requires an application in labor and produces cognitive-instrumental knowledge; 2. hermeneutical interests in understanding others and the social entity, necessary and applied in communication and producing practical knowledge; and 3. emancipatory interests, occasionally called "interest in Reason", in transforming societal domination relations that impede human development and producing emancipatory knowledge, the subject matter of critical theory.
The progress manifests in the creation of an international framework, allowing a third party to evaluate how a state assesses its rights record.This international regime has given human rights an operational substance.The operational substance entails protection to confirm and guarantee democracy along with freedom in a particular country or community.However, the concept of human rights and the relevance of its international regime have faced the most formidable challenge in Asia.Several categories of human rights include civil rights, political rights, socio-economic rights, and cultural rights.First, civil rights encompasses integrity right and due process right.
Second, political rights encompass the right to freedom of opinion and expression, assembly, and association, to take part in government, equal access to public service, and to elect and be elected.
of living, right to food, right to health, right to housing, right to education.The relevance of human rights stems from World War I, which ended after an armistice had been signed on November 11, 1918.Its scale is larger than that of the war overthrowing the Roman Empire and the Napoleonic wars in the previous century.Thus, shocking the world.The war involved 28 countries, the total population of which was around 1,600,000,000.It cost 17,000,000 injuries and 10,000,000 deaths, and approximately $200,000,000,000 was spent. 7Then, the German government under Adolf Hitler, the leader of the Nazi Party, violated human rights by developing the Lueger theory.The theory blames the Jews on plunging Germany into economic and political chaos.In the 1960s, racism in Germany was often shown as an ideology, instead of an economic or political principle.Racism was used as a tool or compliment, even more important than economics and politics.Rationally, Germany was a democracy.However, irrationally, it did not respect human rights, the cornerstone of a democracy.8Therefore, the Lueger theory spread with the concept of Aryan as the strongest and superior race.Eventually, leading to the Holocaust at that time.
An improvement in human rights is still imperative despite the end of the authoritarian regime and the stronger of democracy as the political foundation of the state, nation, and society.This is because of the neglection of human rights, showing that human rights are elementally foreign to democracy. 9Human rights are an important duty on the international stage.
The human oppression in Palestine, for instance, shows the importance of upholding human rights rationally.According to Professor Richard Falk from the University of California, a state that fails to satisfy the basic needs of its citizens abuses human rights. 10en it comes to human rights violations in Indonesia, the Tanjung and rationality that eliminates identity and human values. 12Theorists inspired by the Frankfurt tradition once again debated the meaning of "critique".This debate resurfaced with an unexpected renewal after Critical Theory gradually broke away from its Marxist roots.Subsequently, giving birth to a new form of critique called "critique of ideology".In its development, Habermas's notion has three theoretical concepts: a. Theory of communicative action: b. Critique of ideology; and c.The concept of science is not free of values and interests.
Habermas' ideas about ideological critique remain a contributive theory, despite the rejection of ideological critique that returns to the realm of social philosophy.He always suspects the possibility of talking about "false consciousness" from an epistemologically privileged position.Initially, this baffles the theory because there was confusion over the absolutism of ideology. 13Several main points of Habermas's ideas deserve consideration: 1.They aim to emancipate and enlighten historical actors.Therefore, they will realize that history often hides violence and coercion and understand that social interests determine their position in history; 2. They are claimed to be reflective or self-referential; and 3. Their reflective role is cognitively acceptable to evaluate and actualize.
Habermas's critical theory continues the tradition of the Frankfurt school as a contemporary exponent (second generation).The existence of the Frankfurt school and its critical theory Hitler's rise of fascist regime with its anti-semitism is worth remembering.However, the Nazis power influences the ceased operation of the Institute for Social Research in Frankfurt and its exponents, including Habermas.Consequently, forcefully exiling the institutions in New York.This reality depicts a theoretical emergence that has a close linkage to human rights in Germany at that time.This second generation of thinkers incorporates ideas from philosophy and social theory.
Aqidah dan Filsafat Islam 8, No. 1 (2023): 118 13 César Ortega-Esquembre, "Social Pathologies And Ideologies in Light of Jürgen Habermas: a New Interpretation of the Thesis of Colonisation," Article, Humanities And Social Sciences Communications, No. 72 (2020): 2, https://doi.org/10.1057/s41599-020-00563-2 For instance, Gadamer's hermeneutics, systems theory and structural functionalism, empirical social science, analytic and linguistic philosophy, and moral and cognitive development theory.Habermas' moral development theory is prominent to his various thoughts on criticizing communicative action.This theory aims to reach an agreement, consider basic human interests, show mutual respect, and reinforce shared values or a certain way of life. 14bermas developed critical theory to analyze actual social relations, and each societal individual is responsible for social circumstances.
In theory, this idea assumes that there is a minor philosophical difference between the critical theory of society and the uncritical theory.However, this critical theory carefully focuses its research and conceptual framework on the goals and activities of the social movement of opposition involving critical participants. 15Therefore, Habermas considers the legislative process a form of objectification that causes a certain social class to lose its specificity due to the importance of public participation in it. 16Human rights enforcement must be built on a firm philosophical foundation.This can be achieved using Habermas's theory of communicative action, which focuses on the basic concept of reproduction as a system and the living environment of modern society. Likewise 2) His construction of the life-world as the social background to communicative action; 3) His critical review of systems-theoretical concepts; and "if we cannot conceive of knowledge or belief divorced from interest and if our procedures of investigation are legitimate only in their contexts of interests, then the reality we investigate and describe must itself be one that could not exist if human interests did not".
In his analysis of knowledge and human interests, Habermas emphasizes that the core of human interests is to control natural sciences, hermeneutics or humanities, and critical sciences.
The theory of communicative action follows two main goals of public participation: (1) calculating egocentric utility where the degree of conflict and cooperation varies depending on individual interest positions; and (2) achieving understanding in a cooperative societal interpretation process where people work together to understand each other and reach agreement.
Habermas's notion is the concept of communicative freedom relying on free or coerced agreement, emphasizing "free dialogue".In the dialogue, all speakers can access a fair distribution of the three basic dialogue roles: 25 1.Assertion or challenge to claims about truth; 2. Sincerity; and 3. Moral rightness.
In the private sphere, the public sphere excludes private matters or becomes private consumption.In the public sphere, such as coffee shops in Germany and salons in France, people gather to exchange ideas and discuss various social issues and seek solutions, involving the general public in solving those problems. 26Therefore, making the public sphere allowing public opinions as human right.
Habermas's theory of the public sphere develops with the hermeneutic method of social practice.Habermas disagrees with the idea that we should accept taking tradition for granted.According to him, tradition can restrict us.His personal experience reinforces this belief.He grew up in Nazi Germany and initially followed its ideology.However, after learning and reflecting on its history, he became a strong opponent of the Nazis.If the enforcement of human rights is based on the philosophy of this theory, the consensus will have a sound rational basis.
According to Habermas, humans are individuals who live in society and use language to communicate and interact with others.Therefore, humans are social beings whose daily action determines their existence.The basic actions humans take in their daily lives shall align with rational and critical thinking. 31Since humans are social creatures, the state must protect the basic rights of its people.Therefore, human rights are the central focus of this theory.John Locke can be considered a pioneer of human rights because his early ideas of human rights aimed to limit intrusive government interference  to the natural law theory, human rights are universal (erga omnes) and eternal.
They compel to all people anywhere and anytime.This follows the idea that human rights come from the inherent nature of each human being from birth. 38e enforcement of human rights has close relations to Habermas's view.He says that law plays a prominent role in uniting complex and divided societies.When other mechanisms of social integration fail, law can be the solution to achieving social cohesion.The fact that legal norms have specific functions from an interesting combination of formal properties explains the integrative capacity.Modern law has subjective rights expressions.It is enacted, positive, imposed, or coercive.Meanwhile, modern law only demands behavior that conforms to the norms.The demand still has to align with legitimate expectations so that people can follow the norms, if they wish, out of respect for the law. 39e Universal Declaration of Human Rights (UDHR) prohibits torture, crimes, or actions that are inhuman or can degrade human dignity with treatment or sanctions in the form of physical punishment.For instance, torture has become commonplace in public view.However, all the goals in the UDHR have not been achieved, for example in the conflict between Israel The lack of clarity in the enforcement in international human rights law allows a state to act arbitrarily and deprive the rights of other citizens.
Habermas argues that human rights must be legitimate limitation that prevents popular sovereignty from violating the inviolable limits of other individuals' freedom. 42Habermas does not rely solely on moral theory in his concept of human rights.human rights gain validity is similar.As a consequence, some people think of human rights only as moral rights.However, human rights are not merely moral norms.They are structurally embedded in the system of prevailing law and have coercive power. 43

Concept of Human Rights in Indonesia
Many people think that regulations in Indonesia are good.The thinking contradicts the ineffective method implementation.This symptom concludes that in ontology (a branch of philosophy) terms or the context of justice, the law in Indonesia does defies from having problems.The real problem lies in the epistemology of those regulations.A problematic epistemology of regulations causes a malfunction in legal performance.Thus, unmaximizing law cannot its protection and advance the interests of citizens, upholding their basic rights, and realizing justice among them. 44The domestic and international human rights concerns become an eminent discussion of their enforcement.Critical Theory, which initially supports the Enlightenment's emancipatory project, now comes under a lot of criticism.One of the main criticisms emerged after World War II, when moral catastrophes in countries showed that increased rationalization of thought, modernity, and technological innovation did not necessarily bring emancipation to humans.
Human rights violation resolutions must be carried out fairly and in a civilized manner.The punishment shall be appropriate for the perpetrators.
It is important as a deterrent and prevention.The theory of communicative action highlights the importance of the public sphere in democracy.According to Habermas, human rights are an integral part of democracy, including in decision-making based on the normatively important will of the majority.Furthermore, democracy must meet certain requirements, such as respecting basic individual rights.Therefore, in his political philosophy, human rights are the premises underlying the democratic process.This process lies in the 43 Jeffrey Flynn, "Habermas on Human Rights: Law, Morality, and Intercultural Dialogue," 432 44 Ferry Eka Sandy, "Aspek Epistemologi Hak Asasi Manusia (HAM) dalam Perspektif Filsafat Hukum," 1 formal conditions for the legal institutionalization of the discursive opinion and will formation, in which popular sovereignty takes its legal form. 45pressive legal and human rights remedies can only be properly exercised through a review of fundamental norms and proper litigation. 46man rights violations in Indonesia can be classified into two types: Habermas's concept of the life-world places communicative action in society.Communicative action occurs in a social context, a context of phenomenological sociology.According to the phenomenological tradition, the life-world is a "horizon" within which individuals seek to attain their goals.
The choice of goals will determine which part of the life-world is relevant and the focus.This then influences the "interpretive scheme" the actor uses to reach the goals. 52The actor is the government which has the authority to implement it.A stable "life-world", in which social actors operate, depends on a legitimate institutional order, which Habermas calls "society", a component of the life-world.The life-world's two "structural components" are culture

4)
His construction of a model of society which can integrate insights through the theory of communicative action.The theory of communicative action, proposed by Habermas in his magnus opus, Theorie des kommunikativen Handelns, aims to reformulate the theory of reification (a central topic in the Frankfurt School's thoughts) which Adorno considered stagnant.B.Haberma's Theory of Communicative Action as The PhilosophicalFoundation of Human Rights Enforcement in IndonesiaHabermas is a probable prominent recent exponent of the critique of society and culture in the Frankfurt school's tradition.He proposes the socalled "strongest" theory to investigate the relations of critical theory to epistemology and philosophical anthropology. 19Therefore, the critical theory developed by Habermas is enormously useful to simultaneously study with philosophical anthropology and epistemology.Critical theory is a social theory that emerges from deep thinking about various imperative social aspects.The aspects include the nature of knowledge, social research structure, social interaction norms, and political, economic, and socio-cultural trends.It aims to understand and change society in a practical way. 20Habermas pays particular attention to the epistemological (the study of knowledge) aspect of critical theory.This is evident from his efforts to develop the thoughts of his predecessors in the Frankfurt School.His thoughts show a close relation between power and knowledge, which he calls the politics of epistemology. 21The book "Knowledge and Human Interests" discusses the history and critique of the concept of knowledge from the time of Kant to Freud.Figures such as Hegel, Marx, Comte, Peirce, Dilthey, Fichte, and Nietzsche include 19 Dominick LaCapra, "Habermas and the Grounding of Critical Theory," Wiley for Wesleyan University 16, No. 3 (October, 1977): 237 20 Thomas McCarthy, The Critical Theory of Jurgen Habermas (The MIT Press: London, 1978),1 21 Iwan, "Menelaah Teori Kritis Jürgen Habermas," Jurnal Edueksos 3, No. 2 (2014): 150 V O L 3 6 N O 1 T A H U N 2 0 2 4 a thorough discussion in this book.Habermas's perspective highlights the three aspects of knowledge are natural sciences, social sciences, and critical reflection.In his view, natural sciences expresses how humans are interested in controlling the natural environment.Social sciences follows the need to understand others and act within a social context.Regardless, studying society can shed light on laws of social life or patterns of actions stemming from unjust power and ideological mystification.In addition, critical reflection aims to identify features of personal and social life brought about by irrational restrictions or unjust norms.According to what Habermas mentions in the theory of communicative action, emancipation is freedom from individual irrationality and social injustice. 22Habermas argues that knowledge and human interests are tools to achieve mutual understanding and preserve social unity without coercion. 23 and Palestine.Israel has clearly violated international humanitarian law by using phosphorus bombs against the Palestinians.Humanitarian law limits the suffering caused by armed conflict.For instance, Article 22 of the Hague Regulations says that the right of belligerents to adopt means of injuring the enemy is not unlimited.In addition, Article 23.E of the Hague Regulations forbids the use of arms, projectiles, or material predicted to cause combatants and non-combatants to experience excessive suffering.In early 2009, Israeli soldiers bombed the Gaza Strip.As a result, the attack inflicted several casualties: children, women, men, Palestinian civilians, and members of Palestinian military.The ceasefire was carried out by Israel, brutally attacking Palestine by using one of the chemical weapons, namely Hukum IUS QUIA IUSTUM 9, No. 4 (2012): 507 38 Ferry Eka Sandy, "Aspek Epistemologi Hak Asasi Manusia (HAM) dalam Perspektif Filsafat Hukum," Jurnal Dinamika Hukum dan Masyarakat 5 No. 2 (2022): 3 39 Jurgen Habermas, "Between Facts and Norms: An Author's Reflections," Denver Law Review 76, No. 4 (January, 1999): 937 M I M B A R H U K U M U N I V E R S I T A S G A D J A H M A D A the white phosphorus bomb.The weapon is forbidden to use against densely populated areas or civilians because it can cause severe burns.In 2009, there were 1,034 Palestinian victims and 314 children under 18, while there were 9 Israeli citizens and 1 child under 18. 40 The use of white phosphorus bombs as chemical weapons used in armed conflict by IDF may violate the (1) Laws and Customs of War on Land 1907 or the Hague Convention 1907, (2) the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949 or the Geneva Convention 1949, (3) Geneva Gas Protocol 1925 or Geneva Protocol, Biological Weapons Convention 1972, (4) Chemical Weapons Convention 1993, and (5) Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons 1980 or Convention on Certain Conventional Weapons 1980.Moreover, Protocol III of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons 1980 (CCWC) or Convention on Certain Conventional Weapons 1980 prohibits the usage of white phosphorus. 41 violations of human rights According to Article 7 of Law Number 26 of 2000 on Human Rights Court, gross violations of human rights are: a. Genocide b.Crimes against humanity Therefore, the doctrine of human rights has been widely accepted by individuals and states, as a moral, political, and legal framework and guideline for creating a more peaceful society that upholds freedom from oppression of individuals or groups, even states, and fair treatment. 48Kontras cites that at least 36 human rights violations are yet to be resolved in Indonesia.In Wamena on Easter in 2003, around 25 villages in the were raided by an unknown mob.They tried to break into the armory at the Headquarters of Kodim 1702/Wamena.As a result, according to Komnas HAM, 9 people were killed and 38 were seriously injured.An ad hoc team in Papua consisting of Komnas HAM's members conducted a pro justitia investigation into these two cases from December 17, 2003 to July 31, 2004.However, the Attorney General's Office legally rejected Komnas HAM's report on the grounds that it was incomplete. 49Therefore, Habermas's theory can meet the epistemological and ethical needs of society.It encourages thinkers to critically reflect on individual and social beliefs based on social recognition. 50The close relationship between human rights and cognitive social science aims to achieve understanding and acceptance or mutual acceptance in society.Due to Nazi aggression, Habermas reflects upon his thoughts and appropriation of the German tradition of thoughts.Mainly, the turmoil of the Frankfurt School during that time.The aspects of reason, individual freedom, and justice are beyond theory or discussion.They are elemental to practices shown by implementing and upholding human rights law, domestically and internationally.Habermas' reading of the reality of social science is based on several basic concepts and fundamental assumptions as its ontological foundation.The foundation centers on humans as factual beings bound by space and time.Habermasprioritizes rights over the good and justice in the public sphere over ethics in the private sphere in line with the liberal-democratic tradition that, like Kant, deems human individuals to be "legislative beings". 51Concepts such as worldly interests and life, system, rationality of argumentation, rationality of thoughts, and colonization are closely related to the life-world.

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cultural traditions), which shapes actors' interpretation schemes and value 50 Sindung Tjahyadi, "Teori Kritis Jurgen Habermas: Asumsi-Asumsi Dasar Menuju Metodologi Kritik Sosial," Jurnal Filsafat 34, No. 2 (2003): 182 51 Charles Rustin, "Habermas, Discourse Ethics, and International Justice," Alternatives: Global, Local, Political 24, No. 2 (Apr-June, 1999): 182 52 Hugh Baxter, "System and Life-World in Habermas's "Theory of Communicative Action"," 46 U N I V E R S I T A S G A D J A H M A D A Habermas believes that human rights have dualism in enforcing this theory as a human rights philosophical foundation: (1) the basis of intersubjective rights in the legal community; and (2) the idea of discursive elaboration of human rights into a comprehensive system of rights.Habermas argues in his article Between Facts and Norms, starting from a rights system in a democratic state under the rule of law.According to Habermas, human rights exceed moral rights.Instead, they are "Janus-faced": law and morality.Article 19 paragraph (2) of the International Covenant on Civil and Political Rights, aligns with the communicative action theory as the philosophical foundation of enforcing human rights.This is because Habermas theorizes that human rights are the main element of true democracy, rather than being an external constraint on popular sovereignty.
In addition, cultural rights include the right to participate in cultural life, to John Locke argues that all people are born with natural rights to life, liberty, property, and freedom which cannot be taken away by any state or other individual.This represents the ideal view of human rights.The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations onDecember 10, 1948in response to World War I and World War II.As a continuation, an adoption of several international conventions occurs, such as International Covenant on Civil and Political Rights 1966; the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Elimination of All Forms of Racial Discrimination 1969; the International Covenant on Economic, Social and Cultural Rights 1976; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984, and so forth.
Second Treatise of Government (Public Domain, 1704), 97 30 Reko Dwi Salfutra, "Hak Asasi Manusia dalam Perspektif Filsafat Hukum," Jurnal Hukum Progresif 12, No. 2 (2018): 2147 31 Syahrul Kirom, "Individu Komunikatif Menurut Jurgen Habermas dalam Perspektif Filsafat Manusia," Jurnal Yaqzhan 6, No. 2 (December, 2020): 206 in private life.32Humanrightsareinherent in human beings from birth.Each individual owns the rights because they are human beings.In his book "The Second Treatise of Civil Government and a Letter Concerning Toleration", John Locke explains that God gives every human being basic rights to life, such as freedom and the right to own property.These rights are inherent in human beings and are irrevocable by the state.33ThomasHobbes, through the social contract, conceptualizes people surrender some of their rights to the state to receive protection for their inalienable rights.According to John Locke, if the ruler rejects the social contract and willfully violates the natural rights of each individual, the state's people can depose the ruler and replace the government with a new one that respects those natural rights.and avoids misaligning with the concept of human rights introduced by the pioneers of the classical school of natural law.The discussion relating law and morals in legal and the school of natural law has fundamental differences.The major difference lies in the source and validity of the law.Legal positivism deems law to be valid and binding. 37According Habermas on Human Rights: Law, Morality, and Intercultural Dialogue," Social Theory and Practice 29, No. 3 (July, 2003): 431 36 Ibid.37 Salman Luthan, "Dialektika Hukum dan Moral dalam Perspektif Filsafat Hukum," Jurnal 34In the end, what Habermas says about social critique has strong links to John Locke's human rights concept.Why?According to Habermas, human rights have dualism:(1)the intersubjective basis of rights in the legal community; and (2) the idea of a discursive elaboration of human rights into a comprehensive system of rights.35Theenforcement of human rights must orient to the main objective of law, i.e., justice.Therefore, rationalizing Jürgen Habermas's highlight of the system of rights in a democratic state under the rule of law in his book "Between Facts and Norms" According to Habermas, human rights exceed moral rights.They are "Janus-faced": law and morality.36Thegovernment must implement policies with morality.Although Habermas adheres to social positivism, he still supports critical theory Habermas says that human rights have two sides: law and morality.Human rights are not only derived from morality but also from the modern idea of individual freedom.Therefore, human rights have a special legal nature.This statement does not indicate that human rights are only legal rights that are officially recognized and enforced.He argued that human rights, like moral norms, are universally valid.It is true that the way moral norms and