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Posts Tagged ‘Human Rights’

As part of my “great moments” in government series, I periodically share stories about really foolish regulations and really wasteful spending.

And sometimes I’ll even have a story that combines dumb regulation and boondoggle spending. For instance, you won’t believe the government’s inane approach to different-sized condoms.

I also have a satirical series about “great moments in human rights” and it’s time to augment that collection.

Europe’s political elite may decide that being overweight is a protected disability.

Here are some passages from a BBC report.

The EU’s top court is considering a test case which could oblige employers to treat obesity as a disability. Denmark has asked the European Court of Justice to rule on the case of a male childminder who says he was sacked for being too fat. …The court’s final ruling will be binding across the EU. It is seen as especially significant because of rising obesity levels in Europe and elsewhere, including the US. …Audrey Williams, an employment discrimination expert at Eversheds law firm, said the judges would have to decide “whether obesity itself should trigger preferential rights…”. If the judges decide it is a disability then employers could face new obligations, she told the BBC. Employers might in future have a duty to create reserved car parking spaces for obese staff, or adjust the office furniture for them, she said.

Yes, you read correctly.

If the European Court of Justice rules the wrong way, you can eat all you want, knowing that you’re part of a protected class and that your employer has to incur all sorts of costs for your benefit.

Now it’s time for a bit of libertarian dogma. I think people have the right to over-eat, and I don’t think the government should be trying to impose lifestyle choices, either through coercion or by tilting our behavior with penalties or subsidies.

But I also think we should bear the costs (or reap the benefits) of our behavioral choices. In other words, we don’t have – 0r shouldn’t have – the right to compel others to like us, to hire us, to promote us, or to incur costs on our behalf.

Simply stated, a free society should have free association.

If you want to read more “great moments in human rights,” here’s an ever-growing list.

And let’s add one more to the list.

The federal government has now decided that taxpayers should be liable for the cost of sex-change surgeries.

Here are some excerpts from a story last month in The Hill.

Medicare beneficiaries who are transgender may now receive coverage for sex reassignment surgeries, a federal health board ruled Friday. The decision lifts a decades-old ban on coverage for sex-change operations with Medicare and hands a major victory to transgender rights advocates who argued the rule was discriminatory.

I suppose you could categorize this story as an example of wasteful spending, but I doubt there are that many people over age 65 who will be signing up for this surgery. So while Medicare is bankrupt, this change presumably doesn’t ever merit a fiscal asterisk.

And I suppose you could use this story to make a point about why, in a sensible health care system, voluntary medical procedures should be paid directly by the consumer rather than via insurance (though if private insurance companies want to offer that coverage, it’s not my business to object).

In my opinion, though, this story belongs in the “human rights” category because the policy apparently was made on that basis.

Now, time again for some libertarian commentary.

As far as I’m concerned, people should have the right to choose this type of surgery. Indeed, I personally know a great economist who has undergone this procedure.

All I’m saying is that other people shouldn’t be coerced to pay for it.

Which also describes my views on aspirin purchases, dermatologist appointments, and other health costs as well.

See, isn’t it great to be a libertarian! You don’t coerce other people and they don’t coerce you. Instead, you have a peaceful society based on voluntary cooperation and exchange.

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Senator Rand Paul is being criticized and condemned by the Washington establishment.

That’s almost certainly a sign that he’s doing the right thing. And given the recent events in Russia and Ukraine, we should say he’s doing a great thing.

Rand PaulThis is because Senator Paul is waging a lonely battle to stop the unthinking and risky move to a world where governments – including corrupt and evil regimes – collect and share our private financial information.

I’ve written about this topic many times and warned about the risks of letting unsavory governments have access to personal information, but the Obama Administration – with the support of some Republicans who think government power is more important than individual rights – is actively pushing this agenda.

The White House has even endorsed the idea of the United States being part of a so-called Convention on Mutual Administrative Assistance in Tax Matters, even though that would require the sharing of large amounts of personal financial data with thuggish and corrupt regimes such as Argentina, Azerbaijan, China, Greece, Mexico, Nigeria, Russia, and Saudi Arabia!

I’m sure Vladimir Putin very much appreciates this insider access so he can monitor dissidents and track political opponents. His government even signed onto a recent G-20 Communique that endorsed automatic information-sharing.

Heck, there’s even a Russian heading up the Financial Action Task Force, which is endlessly pushing to give governments untrammeled access to private information. FATF even wants banks and other financial institutions to spy on customers, regardless of whether there’s the slightest evidence of any wrongdoing.

The general mindset in Washington is that we should all bury our heads in the sand and blithely allow this massive accumulation of power and information by governments. After all, Putin and other thugs would never abuse this system, right?

Senator Paul battles the statists

Fortunately, at least one lawmaker is trying to throw sand in the gears. Like Horatius at the bridge, who single-handedly thwarted an invasion of Rome in 509 BC, Senator Paul is objecting to this massive invasion of privacy.

He has this old-fashioned appreciation for the Constitution and doesn’t think government should have carte blanche to access private financial data. He even – gasp! – thinks that government power should be restrained by the 4th Amendment and that there should be due process legal protections for individuals.

No wonder the DC establishment doesn’t like him.

One example of this phenomenon is that Senator Paul has placed a “hold” on some tax treaties. Here are some excerpts from a recent article in Politico.

Paul for years has single-handedly blocked an obscure U.S.-Swiss tax treaty that lawmakers, prosecutors, diplomats and banks say makes the difference between U.S. law enforcement rooting out the names of a few hundred fat-cat tax evaders — and many thousands more. …International tax experts for years have seethed over Paul’s block on the Swiss and several other tax treaties. These sorts of mundane tax protocols used to get approved by unanimous consent without anyone batting an eyelash — until Paul came to town.

These pacts are “mundane” to officials who think there shouldn’t be any restrictions on the power of governments.

Fortunately, Senator Paul has a different perspective.

Kentucky’s tea party darling says the treaty infringes on privacy rights. …Paul, a libertarian Republican widely believed to be eyeing a 2016 presidential run, says his hold stems from concerns about Fourth Amendment protections against “unreasonable search and seizure.” “These are people that are alleged, not convicted of doing anything wrong,” Paul said a few weeks ago. “I don’t think you should have everybody’s information from their bank. There should be some process: accusations and proof that you’ve committed a crime.”

The article also notes that Senator Paul is one of the few lawmakers to fight back against the egregious FATCA legislation.

Paul’s protest is also linked to his abhorrence of the soon-to-take-effect Foreign Account Tax Compliance Act, which will force foreign banks to disclose U.S. account information to the IRS, and domestic banks to reciprocate to other nations’ revenue departments. …the senator has legislation to repeal FATCA and hesitates to support a treaty that enables a law he views as U.S. government overreach.

I don’t know how long Senator Paul can withstand the pressure in his lonely fight for individual rights, but I’m glad he’s waging the battle.

Even the Swiss government and Swiss banks have thrown in the towel, having decided that they have no choice but to weaken their nation’s human rights laws on financial privacy because of threats of financial protectionism by the United States.

So let’s give three cheers to our modern-day Horatius, a very rare elected official who is doing the right thing for the right reason.

For more information on the importance of financial privacy, here’s my video on the moral case for tax havens.

P.S. I shared some good jokes about Keynesian economics a few weeks ago.

Now, via Cafe Hayek, I have a great cartoon showing the fancy equation that left-wing economists use when they tell us that the economy will grow faster if there’s a bigger burden of government spending.

Keynesian Miracle Cartoon

Now you can see how the Congressional Budget Office puts together its silly estimates.

Indeed, Chuck Asay even produced a cartoon on CBO’s fancy methodology.

The next step is to find the secret equation that CBO uses when it publishes nonsensical analysis implying that growth is maximized when tax rates are 100 percent.

But to be fair, the politicians who pay their salaries want them to justify bigger government, so should we expect anything else?

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One of the many differences between advocates of freedom and supporters of statism is how they view “rights.”

Libertarians, along with many conservatives, believe in the right to be left alone and to not be molested by government. This is sometimes referred to in the literature as “negative liberty,” which is just another way of saying “the absence of coercive constraint on the individual.”

Statists, by contrast, believe in “positive liberty.” This means that you have a “right” to things that the government will give you (as explained here by America’s second-worst President). Which means, of course, that the government has an obligation to take things from somebody else. How else, after all, will the government satisfy your supposed right to a job, education, healthcare, housing, etc.

Sometimes, the statists become very creative in their definition of rights.

You may laugh at these examples, particularly the ones that focus on seemingly trivial issues.

But don’t laugh too hard, because our friends on the left are busy with very grandiose plans for more “positive liberty.”

The EU Observer reports on efforts in Europe to create expanded rights to other people’s money.

Austerity programmes agreed with the troika of international lenders (the European Commission, European Central Bank and International Monetary Fund) are in breach of the EU’s Charter of Fundamental Rights, according to a German legal expert. …under the EU charter of fundamental rights, a legal text which became binding for member states in 2009, several austerity measures enshrined in the MoUs can be fought in courts. …His study highlights that the MoUs “have seriously limited the autonomy of employers and trade unions to negotiate wages.” …Education and health care reforms prescribed in the memorandums are also questionable because they are focusing too much on cutting budgets, he said. …He noted that the concept of “financial stability” was put above all other considerations. “But financial stability cannot be achieved without social stability,” he said.

But it’s not just one oddball academic making these claims.

…the Council of Europe’s social rights committee noted that public policies since 2009 have been unable to stem a generalised increase in poverty on the continent. The committee identified some 180 violations of European Social Charter provisions on access to health and social protection across 38 European countries. In the bailed-out countries, the committee found several breaches – particularly in terms of wages and social benefits. Ireland was found in breach of the social charter for not ensuring the minimum levels of sickness, unemployment, survivor’s, employment injury and invalidity benefits. Greece and Cyprus have “inadequate” minimum unemployment, sickness, maternity and old age benefits, as well as a restrictive social security system. Spain also pays too little to workers on sick leave.

This crazy thinking also exists in the United States. A former Carter Administration official, now a law professor at Georgetown, has written that countries with good policy must change their systems in order to enable more tax revenue in nations with bad policy.

Do states like Switzerland, which provide a tax haven for wealthy citizens of developing countries, violate internationally recognized human rights? …bank secrecy has a significant  human rights impact if governments of developing countries are deprived of resources needed to meet basic economic rights guaranteed by the United Nations Covenant on Economic, Social, and Cultural Rights. …The Covenant explicitly recognizes individual rights to adequate food, clothing, and housing (Article 11); health care, clean water, and sanitation (Article 12); and education (Article 13). The Covenant also imposes obligations on member states to implement these rights.

And the right to redistribution isn’t just part of the U.N. mission.

There’s also a European set of Maastricht Principles which supposedly obligates nations to help each expand the burden of government.

Articles 19 and 20 of The Maastricht Principles call on states to “refrain from conduct which nullifies or impairs the enjoyment and exercise of economic . . . rights of persons outside their territories . . . or which impairs the ability of another State to comply with that State’s . . . obligations as regards economic rights.” …recognizing the fact that secrecy for offshore accounts makes it difficult for developing countries to implement Covenant obligations. It therefore seems indisputable that offshore accounts impede the fulfillment of internationally recognized human rights.

You may be thinking that all this sounds crazy. And you’re right.

You may be thinking that it’s insane to push global schemes for bigger government at the very point when the welfare state is collapsing. And you’re right.

You may be thinking that it’s absurd to trample national sovereignty in pursuit of bad policy. And you’re right.

And you may be thinking this is a complete bastardization of what America’s Founding Fathers had in mind. And you’re right.

But you probably don’t understand that this already is happening. The IRS’s awful FATCA legislation, for instance, is basically designed for exactly the purpose of coercing other nations into enforcing bad American tax policy.

Even more worrisome is the OECD’s Orwellian Multilateral Convention on Mutual Administrative Assistance in Tax Matters, which is best viewed as a poisonous acorn that will grow into a deadly World Tax Organization oak tree.

P.S. And the Obama Administration already is pushing policies to satisfy the OECD’s statist regime. The IRS recently pushed through a regulation that says American banks have to put foreign tax law above U.S. tax law.

P.P.S. Statists may be evil, but they’re not stupid. They understand that tax havens and tax competition are a threat to big government.

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I was a bit of a juvenile delinquent.

  • I semi-confessed that I may have set off fireworks in a stairwell at my high school.
  • And I’ve already confessed my role in an “attack” on a float during a homecoming parade.
  • So I may as well admit that I got in trouble during college for having a pet snake in my dorm room.

Given that last bullet point, you would think I would sympathize with people who want to bring pets to school.

And I do, but I don’t sympathize with the notion that the federal government should compel colleges to allow pets – even if they’re for “emotional support.”

Yet that’s exactly what’s happening, thanks to some bureaucrats at a Department that shouldn’t exist. Here are some blurbs from the Wall Street Journal about a new breakthrough in human rights.

College freshman suffering from separation anxiety, take heart: The federal government says universities have an obligation to admit “emotional support” animals into school housing. …emotional support animals (dogs, mostly) provide therapy through companionship and affection.

The pinheads at the Department of Housing and Urban Development say this is required by the Fair Housing Act.

Housing providers must offer people with disabilities a “reasonable accommodation” for emotional support animals under both the Fair Housing Act and Section 504 of the Rehabilitation Act of 1974, the U.S. Department of Housing and Urban Development said in a notice to its regional offices late last month. …The April 25 notice was sent about a week after a federal judge ruled that student housing is covered by the Fair Housing Act, in a lawsuit filed by HUD against the University of Nebraska, on behalf of a student there.

Meet Fido, your new dorm neighbor

Best of all, you can bring any animal you want so long as it doesn’t have a track record of bad conduct.

Housing providers can’t exclude animals based on breed, size or weight. They can, however, refuse an animal that poses a direct threat to the health and safety of others or would wreck havoc on the property, but such refusals must be based on “objective evidence about the specific animal’s actual conduct – not on mere speculation or fear,” the notice says.

So that doberman pinscher is innocent until proven guilty!

Another great development in “human rights” around the world. Indeed, it belongs with these momentous breakthroughs.

Speaking of subsidized birth control, you can enjoy some laughs at Sandra Fluke with this great Reason video, this funny cartoon, and four more jokes here.

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Every so often, I share breakthrough stories about advances in “human rights” around the world.

Now, in honor of Sandra Fluke, the United Nations has decided that contraception is a human right. Not just a human right, a universal human right. The New York Times reports on this big news.

The United Nations says access to contraception is a universal human right that could dramatically improve the lives of women and children in poor countries.

So what’s the big deal? Surely people should have the right to buy a condom.

Paid for with your tax dollars?

Yes, but we’re talking about the United Nations, so you won’t be surprised to learn that there shouldn’t be any “financial barriers” to birth control, which means  people have the right to have other people pay for their fun and games.

It effectively declares that legal, cultural and financial barriers to accessing contraception and other family planning measures are an infringement of women’s rights. …The global body also says increasing funding for family planning by a further $4.1 billion could save $11.3 billion annually in health bills for mothers and newborns in poor countries.

Well, Sandra Fluke surely will be happy about this news. Even though national governments safely can ignore U.N. pronouncements, this is yet another sign of a growing dependency mindset.

P.S. Speaking of Sandra Fluke, you can enjoy some laughs with this great Reason video, this funny cartoon, and four more jokes here.

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I’ve already written about the despicable practice of “civil forfeiture,” which allows governments to confiscate the property of innocent people who have not been convicted of any crime.

And I’ve cited great columns on the issue from George Will and John Stossel., as well a sobering report on the topic from the Wall Street Journal.

Now the Institute for Justice has a video that should outrage any decent person.

It’s examples of government thuggery like this that make me a libertarian. You should be one as well.

If you need more convincing, check out these horror stories of statist abuse.

But let’s end on a happy note, with a few jokes about cops, one sympathetic, one mocking, and one political.

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Centuries from now, I’m sure historians won’t bother teaching about the Magna Carta, the Constitution, the end of slavery, or the collapse of communism.

Instead, people who want to know about human rights will learn about these great European developments.

Now the Italians have taken the next step with a crucial legal decision that will enshrine an important basic freedom. What are we talking about, the right to free speech, the free exercise of religion, or the right to emigrate?

Don’t be silly, Italian courts have focused on something far more important.

Is this a hate crime?

Italy’s highest court has ruled that telling a man he has “no balls” as an insult is a crime punishable with a fine because it hurts male pride… The case was brought to the supreme court by a lawyer named only as Vittorio against his cousin Alberto, a justice of the peace, for the phrase uttered during a heated courtroom exchange in the southern Italian city of Potenza. “Apart from the vulgarity of the term used, the expression definitely also has an injurious quality,” the male judge, Maurizio Fumo, said in his ruling yesterday as quoted by Italian news agency ANSA. …Vittorio’s lawyer had argued that the expression implied that his client was “worth less than other men because he did not have the attributes.” A judge will now rule on the fine that Alberto should pay to Vittorio. The ruling, which comes after years of legal dispute, did not specify whether any insults against women should now also be considered crimes.

I wonder, based on the story, whether the court ruled against Alberto because of what he said, or because Vittorio actually is lacking certain…well, as the article says…”attributes.”

In any event, I suppose we should close with a more serious point. A big problem in Europe is that politicians and courts keep creating “rights” that require the erosion of other people’s liberties.

These so-called positive rights can only be fulfilled by taking away the freedom of other people. Not that the United States is immune to such nonsense. Here’s a horrifying video showing President Franklin Roosevelt discussing various “rights” to jobs, housing, healthcare, and education.

Contrast that awful video with the wise comments made in this video by another President.

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