[lit-ideas] Re: Right of Return

  • From: "Phil Enns" <phil.enns@xxxxxxxxxxx>
  • To: <lit-ideas@xxxxxxxxxxxxx>
  • Date: Sun, 19 Feb 2006 12:59:32 -0500

Omar Kusturica wrote:

"Surely the recommendation [according to the UDHR] that the refugees
should be permitted to return to their homes is based on the notion that
they have a legal and moral right to do so."

Nope.  It is an attempt to have governments establish laws that grant
these rights.  Whatever rights people have, they have by virtue of
either nature or government.  The 'right of return' is not a natural
right so must be established by law.  The UN can establish no law so
cannot grant the 'right of return'.

Also, the final article of the UDHR states:

"Nothing in this Declaration may be interpreted as implying for any
State, group or person any right to engage in any activity or to perform
any act aimed at the destruction of any of the rights and freedoms set
forth herein."

I would think 'wiping Israel off the map' would count as an 'act aimed
at the destruction of any of the rights and freedoms set forth herein'.
Israel has no obligation to act in a way that would undermine its
existence.


Sincerely,

Phil Enns
Toronto, ON

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