Hearing the Voice of the People : Human Rights as if People Mattered

When we study human rights empirically, what do we mean to study? The existence of institutions that enable the realization of rights or the enjoyment of those rights? The absence of flagrant violations of some of the basic individual rights or the sense that one’s rights will not be flagrantly violated? What theory of human rights should we use? Most positive theory of human rights - that is, empirical studies that seek to show the correlation between political institutions or economic conditions on human rights recognition, are based on the first kind of normative human rights theory, the one that defines rights outside of the struggle for them, This paper puts forward a methodology for the empirical study of human rights from the inside: do people enjoy their human rights? Using the Latin American Public Opinion Project democracy survey database, we propose a new fashion to measure human rights from the same people who struggle to advance them. In this paper, we will flesh out what might be meant by rights enjoyment and how we might study rights enjoyment empirically. We test whether our measurement of human rights enjoyment matches or not the traditional measures of human rights and discuss how this notion of rights enjoyment can advance our understanding of human rights