17. Human rights: "letter" or "spirit"

This century has so far been a century of great calamities for man, of great devastations, not only material ones but also moral ones, indeed perhaps above all moral ones. Admittedly it is not easy to compare one age or one century with another under this aspect, since that depends also on changing historical standards. Nevertheless, without applying these comparisons, one still cannot fail to see that this century has so far been one in which people have provided many injustices and sufferings for themselves. Has this process been decisively curbed? In any case, we cannot fail to recall at this point, with esteem and profound hope for the future, the magnificent effort made to give life to the United Nations Organization, an effort conducive to the definition and establishment of man's objective and inviolable rights, with the member States obliging each other to observe them rigorously. This commitment has been accepted and ratified by almost all present-day States, and this should constitute a guarantee that human rights will become throughout the world a fundamental principle of work for man's welfare.

There is no need for the Church to confirm how closely this problem is linked with her mission in the modern world. Indeed it is at the very basis of social and international peace, as has been declared by John XXIII, the Second Vatican Council, and later Paul VI, in detailed documents. After all, peace comes down to respect for man's inviolable rights - Opus iustitiae pax - while war springs from the violation of these rights and brings with it still graver violations of them. If human rights are violated in time of peace, this is particularly painful and from the point of view of progress it represents an incomprehensible manifestation of activity directed against man, which can in no way be reconciled with any programme that describes itself as "humanistic". And what social, economic, political or cultural programme could renounce this description? We are firmly convinced that there is no programme in today's world in which man is not invariably brought to the fore, even when the platforms of the programmes are made up of conflicting ideologies concerning the way of conceiving the world.

If, in spite of these premises, human rights are being violated in various ways, if in practice we see before us concentration camps, violence, torture, terrorism, and discrimination in many forms, this must then be the consequence of the other premises, undermining and often almost annihilating the effectiveness of the humanistic premises of these modern programmes and systems. This necessarily imposes the duty to submit these programmes to continual revision from the point of view of the objective and inviolable rights of man.

The Declaration of Human Rights linked with the setting up of the United Nations Organization certainly had as its aim not only to depart from the horrible experiences of the last world war but also to create the basis for continual revision of programmes, systems and regimes precisely from this single fundamental point of view, namely the welfare of man - or, let us say, of the person in the community - which must, as a fundamental factor in the common good, constitute the essential criterion for all programmes, systems and regimes. If the opposite happens, human life is, even in time of peace, condemned to various sufferings and, along with these sufferings, there is a development of various forms of domination, totalitarianism, neocolonialism and imperialism, which are a threat also to the harmonious living together of the nations. Indeed, it is a significant fact, repeatedly confirmed by the experiences of history, that violation of the rights of man goes hand in hand with violation of the rights of the nation, with which man is united by organic links as with a larger family.

Already in the first half of this century, when various State totalitarianisms were developing, which, as is well known, led to the horrible catastrophe of war, the Church clearly outlined her position with regard to these regimes that to all appearances were acting for a higher good, namely the good of the State, while history was to show instead that the good in question was only that of a certain party, which had been identified with the State¹¹¹. In reality, those regimes had restricted the rights of the citizens, denying them recognition precisely of those inviolable human rights that have reached formulation on the international level in the middle of our century. While sharing the joy of all people of good will, of all people who truly love justice and peace, at this conquest, the Church, aware that the "letter" on its own can kill, while only "the spirit gives life"¹¹², must continually ask, together with these people of good will, whether the Declaration of Human Rights and the acceptance of their "letter" mean everywhere also the actualization of their "spirit". Indeed, well founded fears arise that very often we are still far from this actualization and that at times the spirit of social and public life is painfully opposed to the declared "letter" of human rights. This state of things, which is burdensome for the societies concerned, would place special responsibility towards these societies and the history of man on those contributing to its establishment.

The essential sense of the State, as a political community, consists in that the society and people composing it are master and sovereign of their own destiny. This sense remains unrealized if, instead of the exercise of power with the moral participation of the society or people, what we see is the imposition of power by a certain group upon all the other members of the society. This is essential in the present age, with its enormous increase in people's social awareness and the accompanying need for the citizens to have a right share in the political life of the community, while taking account of the real conditions of each people and the necessary vigour of public authority¹¹³. These therefore are questions of primary importance from the point of view of the progress of man himself and the overall development of his humanity.

The Church has always taught the duty to act for the common good and, in so doing, has likewise educated good citizens for each State. Furthermore, she has always taught that the fundamental duty of power is solicitude for the common good of society; this is what gives power its fundamental rights. Precisely in the name of these premises of the objective ethical order, the rights of power can only be understood on the basis of respect for the objective and inviolable rights of man. The common good that authority in the State serves is brought to full realization only when all the citizens are sure of their rights. The lack of this leads to the dissolution of society, opposition by citizens to authority, or a situation of oppression, intimidation, violence, and terrorism, of which many exemples have been provided by the totalitarianisms of this century. Thus the principle of human rights is of profound concern to the area of social justice and is the measure by which it can be tested in the life of political bodies.

These rights are rightly reckoned to include the right to religious freedom together with the right to freedom of conscience. The Second Vatican Council considered especially necessary the preparation of a fairly long declaration on this subject. This is the document called Dignitatis Humanae,¹¹⁴ in which is expressed not only the theological concept of the question but also the concept reached from the point of view of natural law, that is to say from the "purely human" position, on the basis of the premises given by man's own experience, his reason and his sense of human dignity. Certainly the curtailment of the religious freedom of individuals and communities is not only a painful experience but it is above all an attack on man's very dignity, independently of the religion professed or of the concept of the world which these individuals and communities have. The curtailment and violation of religious freedom are in contrast with man's dignity and his objective rights. The Council document mentioned above states clearly enough what that curtailment or violation of religious freedom is. In this case we are undoubtedly confronted with a radical injustice with regard to what is particularly deep within man, what is authentically human. Indeed, even the phenomenon of unbelief, a-religiousness and atheism, as a human phenomenon, is understood only in relation to the phenomenon of religion and faith. It is therefore difficult, even from a "purely human" point of view, to accept a position that gives only atheism the right of citizenship in public and social life, while believers are, as though by principle, barely tolerated or are treated as second-class citizens or are even - and this has already happened - entirely deprived of the rights of citizenship.

Even if briefly, this subject must also be dealt with, because it too enters into the complex of man's situations in the present-day world and because it too gives evidence of the degree to which this situation is overburdened by prejudices and injustices of various kinds. If we refrain from entering into details in this field in which we would have a special right and duty to do so, it is above all because, together with all those who are suffering the torments of discrimination and persecution for the name of God, we are guided by faith in the redeeming power of the Cross of Christ. However, because of my office, I appeal in the name of all believers throughout the world to those on whom the organization of social and public life in some way depends, earnestly requesting them to respect the rights of religion and of the Church's activity. No privilege is asked for, but only respect for an elementary right. Actuation of this right is one of the fundamental tests of man's authentic progress in any regime, in any society, system or milieu.