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Human Rights Explained: Fact sheet 3: Human Rights Philosophies

Education
Friday 14 December, 2012

Human Rights Explained

Fact sheet 3: Human Rights
Philosophies

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Throughout history, different countries, societies and cultures have defined
or clarified ‘human rights’ to suit their own contexts. In some
communities, ‘human rights’ include a specific set of laws and
legislation. In others, ‘human rights’ are simply guidelines that
reflect the morals and expectations of individuals within that community.

The concept of natural rights (as in those that are naturally given) arises
from the belief that there is an instinctive human ability to distinguish right
from wrong.

Philosophers who base their theories on natural rights are also referred to
as natural law thinkers. For example, Hugo Grotius believed that people have a
‘right reason’ for doing things. Thomas Hobbes, John Locke and
Immanuel Kant were supporters of natural rights theories, suggesting that we
have basic fundamental rights because we are born human. Natural law thinkers
see rights as universal (the same for everyone) and inalienable (meaning that
they can’t be taken away from us).

Such theories were discussed prior to the evolution of the Nation-State, the
framework for political society as we know it today.

Natural rights theories inspired revolutionary ideas and democratic struggles
- forcing politics to protect the rights of citizens. Natural rights theories
imply that all human beings are equal and should be treated equally. The demand
for equality before the law in individual states is synonymous with the
development of international human rights law.

Philosophers such as Karl Marx and Jeremy Bentham criticised natural rights
theories.

Jean-Jacques Rosseau, John Stuart Mill and Mary Wollstonecraft expanded on
the beliefs of natural law theorists to discuss such issues as the social
contract and the rights of women.

Philosophers such as Richard Rorty argue that the development of human rights
and theories around human rights, have been developed largely in
‘Western’ thought. Many theories and philosophical approaches to
human rights were developed in Europe during periods of imperialism and
revolution.

Hugo Grotius (1583-1645), a Dutch lawyer, diplomat and philosopher, is
considered the father of international law. Grotius considered universal laws
of nature
the foundation of international law. He wrote mostly about the
rules governing interaction between states, including the law of war and the law
of the sea, but was also the first scholar to use the word ‘right’
to mean a moral quality inherent in a person, which gave them certain
entitlements. Grotius thought that the one aspect of the universal laws of
nature was the right of all individuals and groups to self-preservation. He said
that this right existed in all countries, regardless of their laws.