Theory of Human Rights

The International Covenant on Civil and Political Rights, 1966 states that human rights derive from the inherent dignity of the human person.⁷⁶ Human rights are considered by most societies to belonging automatically to everyone; as if they are given as part of human life. This may include freedom, justice, equality, life with dignity, etc. Does this mean that human rights are rights that inhere in the very existence of human being and that too universally, irrespective of specific cultural and social values? Are human rights general rights, which subsume all other specific rights? These questions relate to the content of human rights. Human rights, at times, have been argued on the basis of natural rights and some other on the basis of ideal and moral rights. However, it is generally agreed that human rights have implication for legal process. The interpretation of existing laws and statutes must take into account human rights requirements.

The United Nations Universal Human Rights Declaration, 1948 provides a general framework for Human Rights acts that many countries have adopted. For example, UK follows the common law rights but has adopted the Human Rights Act in 1998. However, before we take up the issue related to content of human rights, whether they are universal or culturally specific; claimants of human rights vis-à-vis individuals or groups such as women, etc. let us trace the root of the doctrine of human rights.