Utilitarian Theory and Human Rights

Human Rights Violations in the Workplace

Utilitarian Theory and Human Rights

Violations of human rights:

Firing a teacher for having IVF treatment at a Catholic school

The basic tenant of utilitarian theory is that policies should attempt to maximize 'the good' for the greatest number of people. It is a theory based upon the principle of maximizing pleasure and minimizing pain for the majority. Upholding human rights includes minority as well as majority rights. Sometimes individual vs. utilitarian theory can be in conflict; however, at other times the philosophy can support human rights.

One of the most fundamental human rights is the right to religious liberty. According to Article 2 of the Universal Declaration of Human Rights, "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." Article 16 states: "men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family." Article 18 states: "Everyone has the right to freedom of thought, conscience and religion." All three of these rights were violated when a school teacher at a Catholic school named Kelly Romenesko was fired because she decided to undergo IV fertility treatments.

This violated the teacher's right to practice her religion, including her right to follow her own religion. According to the diocese, the teacher "agreed to follow church teachings when she was hired" (Catholic school teacher fired for having in vitro, 2006, ABC News). However, the teacher stated that her contract was vague and did not specify a ban on IVF treatment. According to the Catholic Church, "the in vitro technique was morally wrong because it replaced natural conception" (Catholic school teacher fired for having in vitro, 2006, ABC News). Romenesko, according to Article 2 has a right to practice her religion, even if she interprets Catholicism differently than the institutional church, and Article 16 supports her right to found a family. This decision is further supported by Article 18's articulation of freedom of religion for all persons.

When ranking the different violations according to utilitarian theory, Article 2 is clearly the most important because it is a generalized guarantee of ALL human rights to all persons, regardless of their religious status. It is broad and inclusive, and thus guarantees the maximum protection for such rights to the maximum number of persons (versus institutions like the church). Article 18 offers general support of freedom of religion and ranks a close second. Article 16's support of family rights is linked to the teacher's general exercise of her religious rights, and while not everyone wishes to have a family, the majority of persons do so, thus supporting the teacher's actions under utilitarian theory.

Of course, a strict utilitarian calculus could view the situations in two ways: on one hand, within the school, the teacher is in the minority. But on a larger societal level, more persons do not subscribe to a traditional definition of Catholic doctrine than do not, and allowing nonprofit institutions to discriminate against persons based upon private, non-job related actions and to judge their moral fitness sets a dangerous precedent for all. Similarly, the violation of the principles of the freedom to interpret one's religion does the same.