The Paradox of ‘Human Rights Protections’ behind Frequent US Shootings

Published in China News
(China) on 31 October 2023
by Hua Zhang (link to originallink to original)
Translated from by Matthew McKay. Edited by Helaine Schweitzer.
A few days ago as Halloween approached in the West, the United States witnessed a string of shooting incidents, setting the scene for real-life political pandemonium. First, on the night of Oct. 25, a mass shooting occurred in Lewiston, Maine, killing at least 18 people and injuring 13 others. Later, during the Halloween weekend, several more shootings took place at various locations across the U.S., in which at last count, at least 11 people were killed and about 50 injured. Gun control measures that are out of hand have time and again led to tragic killing; these measures have become a casualty of American social governance but also highlight the hypocritical nature of U.S.-style human rights.

Americans show a considerable considerable amount of support for gun ownership, and this combativeness has deep historical roots. During the white European conquest and exploration of the North American continent, and before and after the U.S. gained its independence, the rule of law collapsed, the law of the jungle prevailed, and there was a need to fight British colonial rule. Gun ownership thus became an effective way—if even the only way—for people to protect themselves. “[T]he right of the people to keep and bear Arms shall not be infringed” was also written into the United States Constitution as its Second Amendment and meant that owning or carrying firearms and other weapons became a constitutionally protected right.* In the long years that followed, American defense capabilities steadily increased, making it unnecessary to mobilize a militia to protect the country; the governance of society, too, improved by the day, but a scenario that would permit Americans to lower their guard has yet to materialize. The large number of guns in civilian hands are not just incapable of protecting the country and ensuring the public’s safety, but on the contrary, they are now a time bomb that can trigger a mass killing at any moment. Gun control has thus become an issue the U.S. government must address immediately.

Every shooting tragedy in the U.S. sets off a wave of serious discussion about gun control in all walks of American society, but when it comes to substantive control, there are legislators who will preach about “protecting the people’s fundamental, constitutionally given rights and freedoms” as grounds for willfully obstructing those controls. As everyone knows, rights have their limitations, and the few words of the Second Amendment neither stipulate the exact scope of the people’s rights, nor do they clearly define what “arms” are. This passage alone has enabled the proliferation of guns in the U.S. and led to serious social problems.

Some have suggested that, in protecting Americans’ right to self-defense, ordinary handguns are sufficient, and that firearms with high-capacity magazines can be restricted; others have suggested that because young people do not have a fully developed concept of morality and the rule of law, and because their main activities take place on densely populated campuses, firearm possession among young people should therefore be restricted because the consequences of a shooting incident could be devastating. Although such proposals can’t cure gun proliferation in the U.S., they may effectively reduce the frequency of mass shootings. However, the Bipartisan Safer Communities Act, signed into law in June 2022 by President Joe Biden and touted as “the most significant gun control legislation in 30 years,” still failed to ban assault weapons and high-capacity magazines, and it did not prohibit the sale of semi-automatic rifles to citizens under the age of 21. The recent spate of mass shootings has once again proved that large-capacity magazines and teenage students remain key factors.

In the name of “protecting human rights,” U.S. legislators have allowed serious crimes to occur, even advancing the correct but appalling idea that “guns don’t kill people, people kill people.” Such laws and regulations merely scratch the surface, treating the symptoms but not the cause, and the fundamental reason for this is the complicated and ambiguous relationship between government interests and the military-industrial complex. Statistics show that, after every mass shooting, the American public, out of fear, helps firms dealing in military-industrial weapons clear stockpiles of inventory. As far as some U.S. lawmakers are concerned, as long as it is not their own family members who are killed, wealthy arms dealers are welcome to line their pockets with donations for favors bestowed. How could anyone resist a business that reaps huge rewards with no capital outlay?

To satisfy their own financial and political interests, American politicians condone atrocities that violate human rights under the banner of protecting such rights. This is the truth of “American-style human rights” that lies behind the gun problem in the U.S. What is even more ludicrous is that, citing “human rights,” these same apologists habitually criticize other countries for what is their normal economic activity and industrial policy, and even devise offenses in order to impose sanctions at will. Evidently, what they call “human rights” have long since devolved into tools for arbitrage and bullying; they no longer have anything to do with the rights of the people.

*Editor’s note: The Second Amendment provides “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The author is a commentator for China News.


美国枪击案频发背后的“保护人权”悖论

2023年10月31日 16:34 来源:中国网

中国网评论员 华章

日前,在西方万圣节到来之际,美国接连发生多起枪击案,上演现实版的“群魔乱舞”。先是25日晚间,美国缅因州刘易斯顿市发生大规模枪击事件,造成至少18人死亡、13人受伤。之后周末的万圣节期间,美国多地又发生数起枪击事件。目前,已造成至少11人死亡,约50人受伤。枪支管理失控频频酿下惨痛血案,成为美国社会治理之殇,也凸显出“美式人权”的虚伪本质。

在美国民间,确有相当比例的民众支持拥枪。这种“尚武”意识有着很深的历史渊源。在欧洲白人征服、开拓北美大陆过程中以及美国独立前后,法治崩坏,“丛林法则”横行,还要对抗英国的殖民统治,导致拥枪成为当时民众自保的有效甚至唯一途径。“人民持有和携带武器的权利不可侵犯”也被写入美国联邦宪法第二修正案,意味着对枪支等武器的持有或携带受宪法保护。在随后漫长的岁月里,美国国防实力与日俱增,早已不再需要动员民兵保卫国家,社会治理也日趋完善,但“刀枪入库、马放南山”的场景却始终未能出现。美国民间持有的大量枪支不仅保护不了国家和民众安全,反而成了随时可能引发血案的“定时炸弹”。可以说,控枪已成为美国政府的必答题,到了刻不容缓的地步。

每次枪击惨案发生后,美国社会各界也会出现一波关于控枪的严肃讨论,但一触及实质性控枪,便有议员站出来以“保护宪法赋予公民的基本权利和自由”为由横加阻拦。殊不知,权利有边界,而美国联邦宪法第二修正案相关条文的寥寥数语,既没有规定权利主体的明确范围,也没有对“武器”进行清晰界定,单凭这一句话放任美国枪支泛滥,必然导致严重的社会问题。

曾有人提出,若保护美国民众的自卫权,普通手枪足矣,可以对携带大容量弹夹的枪支进行限制;还有人建议,青少年道德、法治观念尚不完善,而且其主要活动的校园内人员密集,一旦发生意外,后果严重,应该对青少年限制持枪。这些建议虽无法根治美国的枪支泛滥问题,但或可有效减少大规模枪击事件的发生。然而,2022年6月,在拜登签署的、被标榜为“美国30年来最重要的控枪法案”《两党更安全社区法》中,仍然未能禁止进攻性武器和大容量弹匣,也未禁止向21岁以下的公民出售半自动步枪。而近来接连发生的大规模枪击案再次证明,大容量弹夹、青少年学生依然是关键因素。

美国立法者以“保护人权”为名放任严重犯罪,甚至抛出“杀人的是人不是枪”这样“正确”却无比骇人的高论,出台的法令又隔靴搔痒、治标不治本,根本原因在于其与军工复合体有着复杂而又暧昧的利益关系。有统计显示,每一次大规模枪击事件发生后,出于恐惧心理,美国民众都会“帮助”军工企业消化一波库存。对于美国某些议员来说,被枪杀的又不是自家人,但发了财的军火商可是会通过“献金”的方式反哺自己的腰包。这种无本万利的买卖,何不乐见其成?

美国政客打着“保护人权”的旗号,放纵戕害人权的暴行,以满足自己的金钱和政治私利,这便是美国枪支问题背后所谓的“美式人权”真相。更可笑的是,这些“伪道士”还偏偏惯于以“人权”之名对别国正常的经济活动、产业政策大加挞伐,甚至罗织罪名随意制裁。可见,在他们口中,所谓“人权”早已异化成了套利工具、霸凌工具,而与民众的权利无关。

This post appeared on the front page as a direct link to the original article with the above link .

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