The Definition of Human Rights (HSC SSCE Legal Studies): Revision Notes
The Definition of Human Rights
What are human rights?
Human rights are the basic rights and freedoms that should belong to every person on Earth. These are not privileges granted by governments—they are entitlements that every human being possesses simply by virtue of being human.
The concept represents a collection of fundamental standards for how individuals should be treated in a fair, just, and free society. Human rights protect people from injustice, enable individuals to achieve their full potential, and prevent discrimination based on physical characteristics or beliefs.
The Universal Declaration of Human Rights (UDHR)
The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in . This historic document represents the first time the international community universally accepted and formally recognised the idea of human rights.
The UDHR Preamble establishes the foundation:
"Recognition of the inherent dignity of and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world."
Since its adoption, the UDHR has become the reference point for all subsequent human rights treaties. It has formed the basis for national laws, constitutions, international treaties, and ongoing international debates about human rights.
Three key characteristics of human rights
Human rights differ from ordinary rights under domestic law because they possess three essential characteristics:
Universal
Human rights apply to all people, everywhere. They transcend national boundaries, legal systems, and cultural differences. Every human being is entitled to these rights, regardless of which country they live in or what laws govern their territory.
Inalienable
Human rights cannot be taken away. These rights are not conditional—they cannot be removed, surrendered, or transferred. Even if a government attempts to deny these rights, individuals still inherently possess them.
Inherent
Human rights are inherent in all people. Individuals do not need to earn these rights or have them granted by an authority. They belong to every person from birth simply because they are human beings.
Remember these three characteristics with "UII":
- Universal - applies to everyone, everywhere
- Inalienable - cannot be removed or taken away
- Inherent - belongs to all people by virtue of being human
Purpose and aims of human rights
Human rights serve three primary purposes in society:
- Protection from injustice: They safeguard individuals from unfair treatment, abuse, and oppression
- Enabling full potential: They allow people to develop and achieve their capabilities within society
- Preventing discrimination: They protect groups from being treated unfairly because of their physical characteristics or beliefs
Countries worldwide have both a moral and legal obligation to respect and uphold human rights. This obligation exists regardless of a nation's political system, economic status, or cultural traditions.
Memory aid - "PPD" for the three purposes:
- Protect from injustice
- enable full Potential
- prevent Discrimination
The evolution of the concept
While the term "human rights" is relatively recent—only coming into common use since the late th century—the underlying concept has deep historical roots. The rights that human rights protect have developed gradually over many centuries through philosophical thought, religious teachings, and historical struggles.
Today, human rights have evolved into an essential ingredient of justice. They occupy an important place in:
- Legal systems
- Social structures
- International relations
The concept has become central to how modern democratic societies operate and forms an integral part of the international legal system.
The paradox: violations despite protections
Despite the existence of the UDHR and numerous international treaties that protect human rights, violations remain commonplace in many countries around the world. This creates what may seem like a perplexing contradiction—we have extensive laws and treaties protecting rights that are simultaneously being ignored or suppressed.
The Human Rights Paradox:
Although we have extensive international laws and treaties protecting human rights, violations continue to occur regularly around the world. However, this paradox does not diminish the importance of human rights—the existence of these standards provides a framework for accountability, a basis for advocacy and reform, and legal mechanisms for protection.
The concept remains central to law and international relations, even where implementation falls short. The existence of these standards provides:
- A framework for accountability
- A basis for advocacy and reform
- A universal language for discussing justice
- Legal mechanisms for redress and protection
Theoretical foundations of human rights
The philosophical basis for human rights has been debated throughout history. Two contrasting theories explain the foundation of universal laws:
Two Theoretical Approaches:
Natural law proposes that certain laws come from an unchanging body of moral principles that serve as the basis for all human conduct. These laws have validity everywhere because they are derived from a higher order of morality or shared ideas of individual worth.
Positivism, in contrast, argues that laws are valid simply because they have been enacted by appropriate authority or derived from existing judicial decisions. Under this theory, moral and ethical considerations are separate from the law itself.
Regardless of which theoretical approach is adopted, the practical recognition of human rights has become a defining feature of modern legal systems.
Key Points to Remember:
- Human rights are basic rights and freedoms belonging to all people simply because they are human
- The UDHR () was the first universal acceptance of human rights and remains the foundation for all subsequent human rights treaties
- Human rights have three key characteristics: they are universal (apply to everyone), inalienable (cannot be taken away), and inherent (belong to all people)
- Human rights aim to protect from injustice, enable people to achieve their full potential, and prevent discrimination
- Although human rights violations continue worldwide, the concept remains central to modern law and international relations