Concept and Theory of Human Rights

LECTURE: DR. YUSUFF JELILI AMUDA

GROUP ANUR IZZATI BINTI MOHD ARIFIN

NURUL AZIMAH BINTI MAZALAN

UMI KHALSUM BINTI ASMAON

SUBAIDAH BINTI ABDULLAH

INTRODUCTIONWhat are Human Rights?Characteristics of Human Rights.Concept of Human Rights.Theory of Human Rights.Conclusion.

What are Human Rights?The rights inherent to all human beings,

whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status.

We are all equally entitled to our human rights without discrimination.

These rights are all interrelated, interdependent and indivisible.

Three keys document in respects of Human Rights :

a. Universal Declaration of Human Right 1948.

b. International Covenant of Civil and political Rights 1966.

c. International Covenant on Economic,Social and Culture Rights 1966.

Civil and Political Rights :

right to free speechfreedom of religionfreedom of assembly and associationfreedom from tortureequality under the law

Social,Economic and Culture Rights :

The right to educationemployment and recreationright to enjoy the respect of minimum health

servicesshelter and safe environment.

Human rights are inalienable. They should not be taken away, except in

specific situations and according to due process.

As example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law.

Characteristics of human rightInterdependent and indivisible

All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education , or collective rights, such as the rights to development and self-determination, are indivisible, interrelated and interdependent.. 

Equal and non-discriminatory

The principle applies to everyone in relation to all human rights and freedoms and it prohibits discrimination on the basis of a list of non-exhaustive categories such as sex, race, colour and so on.

The principle of non-discrimination is complemented by the principle of equality,as stated in Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.”

Both Rights and Obligations

Human rights entail both rights and obligations.

States assume obligations and duties under international law to respect, to protect and to fulfil human rights.

The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights.

The obligation to protect requires States to protect individuals and groups against human rights abuses.

• The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights.

• At the individual level, while we are entitled our

human rights, we should also respect the human rights of others.

Concept of Human Rights

Western countries was the first country in the world that human rights are reflected in the struggle in the document:

i) Magna Chartaii) Petition of Rightsiii) Habeas Corpus Activ) Bill of Rights

MAGNA CHARTAMagna Charta triggered on June 15, 1215 in Great Britain made to limit the authority of King John in England.

The contents of this document are:-

i) King and his descendants, has promised to respect the independence, rights, and freedom of the Church in England.

ii) King promised to the people of free government to stick to give the following rights: The security officer and tax collector will respect the rights of the

people. Police can not claim a person without valid evidence and witnesses. A child will not be the last, was arrested, found guilty without the

protection of the state and without a legitimate reason as the basis for its actions.

When a person without legal protection have stuck in the hold, the king promised to correct mistakes.

Petition of RightsIn the year 1628, there appears a charter Petition of Rights. This document contains questions regarding the rights of people with the guarantee.

These rights are:

i) Taxes and special collections must be accompanied by an agreement.

ii) The Citizens can not be compelled to accept the military at home.iii) Army can not use the law of war in peace.

Habeas Corpus Act

In the year 1679, the documents present Habeas

Corpus Act and the laws that govern the

detention of a person.

Contents are:

i. A person who is arrested soon be reviewed within two business days after the detention.

ii. Reason for detention of a person must be accompanied by evidence that is lawful.

Bill of Rights

In the years 1689, Bill of Rights issued and became law received

by the British parliament as a form of resistance against King

James II.

The contents of this document is:

i. Freedom in selecting members of parliament.

ii. Freedom to speak and give opinions.

iii. The Law and formation of standing army should be in line with parliament.

iv. The rights of citizens to embrace accoiding to their beliefs.

v. Parliament has the right to change the decision of the king.

Theory of Human Righta. Moral Theory of Human Rights

people are entitled to profit or benefit of their valuable moral needs of man.

This is because human rights are fundamental in shaping the human dignity and honour it is to remain virtually universal that can be applied to all individuals regardless of race which does not take gender and age ethnicity or nationality.

it can exist independently of the society and country communities where people can live freely in it.

So, human rights is above the law derived from their legal nature or not of the real moral of the constitution or laws or specific acts committed by countries and international organizations.

b. Theory of Social Justice Human Rights

Developing by Charles Beitz. proved that the distribution of rights in

terms of moral justice than human nature.

Based on this theory of human rights are the rights-based social justice norms that guarantee the good of mankind.

Charles Beitz as claimed by the classical doctrine of natural rights to restrict the rights of individual security and the failure and the failure to take into account the socio-economic demands, social justice model provides a more comprehensive position on human rights.

d. Social Scientific Theory of Human Rights

the need to establish human rights agreements on cross-cultural.

- this is because high level of cultural pluralism in the contemporary world and because of constant changes in customs and values in different societies to find a high-level agreement in respect of human rights is clearly more difficult to obtain.

Conclusions Individual is absolute, that his or her reality

must be recognized unconditionally and necessarily lies at the basis of human rights.

Regardless nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status.

Human rights is a form of rights enjoyed by a citizen as enshrined in the law

c. Structured Theory of Human Rights

determine that human rights policy necessarily for human goodness.

Henry Shue - human life to live without human rights practiced properly fit is impossible to achieve.

- there are three types of human rights -freedom,life and safety.