The past few decades have witnessed the rise of the application of international human rights law as well as the extension of a wider public discourse on human rights to the extent that they could be regarded as being one of the most globalized political values of our time. Following the death of grand political narratives, it could be said that in the postmodern era, human rights represent the last remaining utopian ideal; the last remain shard of enlightenment emancipatory values. However, if the twentieth century is said to be the epoch of universal human rights then its triumph is paradoxical since this period has witnessed so many violations. Furthermore, civilians have been killed by those purporting to defend human rights as illustrated by the Kosovo ‘humanitarian’ bombings. Thus whilst the discourse of human rights purports the intrinsic rights of all people based on nothing more than an appeal to humanity, there appears to be a great deal of dissonance between self-satisfied rhetoric and social reality. As we step into the globalized era, rights are transported all over the world and transmitted straight into the homes of people, the problematic nature of universalising rights becomes apparent. Is there such a thing as rights? Can they and should they be universalised? Can rights be squared with the deconstruction of subjectivity? If not, can a non-essentialist theory of rights be developed? These are the questions I intend to answer.