The text examines the inherent contradictions within the concept of human rights by analyzing the implications of the title The Right to be Human from Jeanne Hersch’s 1968 anthology. It questions the identity of the subject of such a right: is it an individual who is already human, or a pre-human entity that attains humanity only through the endowment of this right? The philosophical inquiry extends to the broader ontological problem of the right to be (le droit d’être), investigating whether being precedes the right or if the right must logically precede existence to justify it. If rights are not merely a post-hoc consequence of existence, they must be addressed to the not-yet-being. The discussion concludes by referencing Anaximander, who viewed the emergence of individual beings as an injustice to the infinite, punishable by eventual destruction. This reflection exposes the profound metaphysical complexities underlying modern ethical and legal frameworks.