quality:corruption
Critique of human rights

In The Origins of Totalitarianism, Hannah Arendt devotes a lengthy chapter (The Decline of the Nation-State and the End of the Rights of Man) to a critical analysis of human rights, in what has been described as "the most widely read essay on refugees ever published". Arendt is not skeptical of the notion of political rights in general, but instead defends a national or civil conception of rights. Human rights, or the Rights of Man as they were commonly called, are universal, inalienable, and possessed simply by virtue of being human. In contrast, civil rights are possessed by virtue of belonging to a political community, most commonly by being a citizen. Arendt's primary criticism of human rights is that they are ineffectual and illusory because their enforcement is in tension with national sovereignty. She argued that since there is no political authority above that of sovereign nations, state governments have little incentive to respect human rights when such policies conflict with national interests. This can be seen most clearly by examining the treatment of refugees and other stateless people. Since the refugee has no state to secure their civil rights, the only rights they have to fall back on are human rights. In this way Arendt uses the refugee as a test case for examining human rights in isolation from civil rights.

Arendt's analysis draws on the refugee upheavals in the first half of the 20th century along with her own experience as a refugee fleeing Nazi Germany. She argued that as state governments began to emphasize national identity as a prerequisite for full legal status, the number of minority resident aliens increased along with the number of stateless persons whom no state was willing to recognize legally. The two potential solutions to the refugee problem, repatriation and naturalization, both proved incapable of solving the crisis. Arendt argued that repatriation failed to solve the refugee crisis because no government was willing to take them in and claim them as their own. When refugees were forcibly deported to neighboring countries, such immigration was deemed illegal by the receiving country, and so failed to change the fundamental status of the migrants as stateless. Attempts at naturalizing and assimilating refugees also had little success. This failure was primarily the result of resistance from both state governments and the majority of citizens, since both tended to see the refugees as undesirables who threatened their national identity. Resistance to naturalization also came from the refugees themselves who resisted assimilation and attempted to maintain their own ethnic and national identities. Arendt contends that neither naturalization nor the tradition of asylum was capable of handling the sheer number of refugees. Instead of accepting some refugees with legal status, the state often responded by denaturalizing minorities who shared national or ethnic ties with stateless refugees.

Arendt argues that the consistent mistreatment of refugees, most of whom were placed in internment camps, is evidence against the existence of human rights. If the notion of human rights as universal and inalienable is to be taken seriously, the rights must be realizable given the features of the modern liberal state. She concluded "The Rights of Man, supposedly inalienable, proved to be unenforceable–even in countries whose constitutions were based upon them–whenever people appeared who were no longer citizens of any sovereign state". Arendt contends that they are not realizable because they are in tension with at least one feature of the liberal state—national sovereignty. One of the primary ways in which a nation exercises sovereignty is through control over national borders. State governments consistently grant their citizens free movement to traverse national borders. In contrast, the movement of refugees is often restricted in the name of national interests. This restriction presents a dilemma for liberalism because liberal theorists typically are committed to both human rights and the existence of sovereign nations.

In one of her most quoted passages, she puts forward the concept that human rights are little more than an abstraction:

The conception of human rights based upon the assumed existence of a human being as such broke down at the very moment when those who professed to believe in it were for the first time confronted with people who had indeed lost all other qualities and specific relationships – except that they were still human. The world found nothing sacred in the abstract nakedness of being human.