Special Characteristics of Human Rights

Introduction

The term “rights” has various meaning in different contexts in which they are used. Some lexicographers describe it as ‘that which one has legal claim to do’, ‘legal power and authority’ and ‘immunity granted by authority’. American Jurist and scholar Wesley Newcomb Hohfeld even defines “rights” to include four forms of legal entitlements, being: Claim rights, liberty/freedom, power and immunity. Regardless, the term “rights” is generic, common and embraces whatever may be lawfully declared.

Additionally, “Human Rights” can be defined as the basic rights and freedom that is believed to belong justifiably to every human being, and from the birth of the person, until death. These rights hold a shared value of dignity and fairness, along with equality respect and independence. Human rights also hold a number of special characteristics, in particular: Natural Rights, Universality, Equality, Inalienability, Indivisibility and Interdependence. These rights are based on numerous factors that build a theoretical foundation for human rights, such as religion, natural law and human dignity. This report will be focussing on how the concept of human dignity can serve as a theoretical foundation for the special characteristics of human rights.

Special Characteristics of Human Rights

The United States of America’s Declaration of Independence addresses that ‘We hold these truths to be self-evident, that all men are created equal, and that they are endowed by their Creator with certain unalienable rights…’ with regards to the concept of human rights and freedom. As Human Rights continue play a bigger role in society as we progress to the future, virtually all countries and states advocate for some form of doctrine on human rights. In Relation to that, the United Nations drafted a Universal Declaration of Human Rights in 1948, which declared that all human beings are born free with equal (human dignity) and rights, and therefore entitled to all the rights and freedoms set forth in the declaration, without any discrimination or distinction.

Special Characteristic of Human Rights: Natural Rights

The first characteristic of human rights is that ‘Human Rights is a Natural Right’. Rights that are naturally inherent in any human by the virtue of natural law (a philosophy claiming that certain rights are fundamental by the virtues of human nature, implied objectively and universally). Natural law philosophy suggests the possibility of having objective standards which can be found in conjunction of human nature. As such, human beings are entitled to human rights without any conditions based on recognitions by the government or in a positive law, in a sense, independent on any laws or customs and unable to be repealed or restrained by any human laws.

Special Characteristic of Human Rights: Universality

Human rights are universal, in the concept of independent existence. It does not belong to a particular kind of person or any religion or nation. Human rights are universal in the sense that they exist outside of practices, laws, or morality of any culture or country. In addition, the United Nations Universal Declaration of Human Rights Article writes that: “Everyone is entitled to all the rights and freedom set forth in this declaration, without distinction of any kind, such as race, colour sex language… etc.” However, these rights are held with some restriction and control, such as the right and freedom to vote is commonly only held by adults and that the human right to freedom of movement may be taken away from a person if he is convicted of serious offences and criminalized. Additionally, though human rights are universal and belong to everyone, there are treaties that focus on the rights of vulnerable groups, such as women, minors, and minority groups. The Universal Declaration of Human Rights was set up as a common standard for human rights which is used by everyone, and it emphasises that everyone is born free and equal, regardless of race, religion or gender.

Special Characteristic of Human Rights: Equality

Human rights advocates in equality and non-discrimination and it is a fundamental element of human rights laws. As scholar and author Jack Donnelly wrote: “Human rights are equal rights: one either is or is not a human being, and therefore has the same human rights as everyone else (or none at all).” This goes in conjunction with the previous special characteristic, universality, as human rights belong to everyone, regardless of race, religion, or gender; and as the Universal Declaration of Human Rights was set up to form a basic common standard used everywhere to emphasis that everyone is born free and equal and that no man is above another. As such, all humans are equal regardless of any distinction, be it social origin, political opinion, gender or race, etc. and should be treated equally with equal opportunities and results and without discrimination.

Special Characteristic of Human Rights: Inalienability

Human rights are inalienable, meaning that human rights are a right that can never be taken away. As scholar and author Jack Donnelly wrote: “Human rights also are inalienable rights: one cannot stop being human, no matter how badly one behaves or how barbarously one is treated.” By its very nature, the inalienability of human rights suggests that human rights are an entitlement of human beings and no one other human can take that away. Though many theorists and philosophers have speculated the intangibility of human right’s inalienability, especially in war and holocaust, most can agree that the fundamental right of ‘the right to have rights’ is inalienable to all human beings regardless of circumstance.

Special Characteristic of Human Rights: Indivisibility and interdependence

Human rights can be seen as rights comprised of all other rights, but also as a separate right on its own, its value is made up of all other rights and its sum is greater than the individual rights hold separately, human rights are indivisible and are inherent to the dignity of each and every human being. As such, all humans have the right to have an equal status and not be placed in any order of position of ranking. Donnelly writes that “(indivisibility) suggests that a life of dignity is not possible without something close to the full range of internationally recognized rights.” and as such, the denial of one right will unfailingly hinder the gratification of other rights. Hence, it is not possible compromise the one right at the expense of another.

Human rights are also interdependent. Donnelly also writes that “(Interdependence) suggests a functional relation between rights: they interact with one another to produce a whole that is more than the sum of its (individual) parts.” As such, the fulfilment of one right is dependent on the fulfilment of others. For example, the right to development is based on the fulfilment of the right to education, and vice versa.