Resumo

RAFUDEEN, Auwais. A South African reflection on the nature of human rights. Afr. hum. rights law j. [online]. 2016, vol.16, n.1, pp.225-246. ISSN 1996-2096.  https://doi.org/10.17159/1996-2096/2016/v16n1a10.

This article argues that continued structural inequality in South Africa should give us pause to reflect on the efficacy of the country's rights discourse. It is not so much concerned with the ineffective application of rights (particularly socio-economic rights) as with the actual nature of the rights. My argument is pursued as follows: The notion of 'right' as we have it today is rooted in the same paradigm that fosters commodification; this lends rights an inherent indeterminacy and they are deployed not only to challenge hegemonic interests, but to defend them as well. This indeterminacy is also tied to the fact that rights are really preferences that cultivate particular types of subjectivity. Such recognition of the nature of rights will generate, I believe, a more sober view of its potential to correct society's iniquities.

Palavras-chave : rights; South Africa; indeterminacy; autonomy; subjectivity.

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