The Concept of Human Rights

The human rights concept emerged with the end of World War II and the adoption by the United Nations General Assembly of the Universal Declaration of Human Rights in 1948. It replaced the earlier phrase ‘natural rights’ which had fallen into disfavour with the rise of legal positivism. It is a fundamental idea that underpins a growing number of national laws, international treaties and conventions as well as regional and subnational institutions aimed at protecting and promoting human rights.

The core concept of human rights is that all people are born with certain rights which they cannot voluntarily give up or lose. These are called inalienable rights – they are intrinsically linked to the fact that each person is a free and equal individual with the ability to express their own will. It is the exercise of this freedom that defines human dignity. It is also a key part of the notion of human rights that no one right should be seen as more important than others.

In order to fully enjoy their own rights, everyone must respect the human rights of others and also show consideration for the needs and interests of society as a whole. In addition, governments must provide the law and services needed to allow citizens to enjoy their human rights.

Unfortunately, human rights violations still occur on a regular basis. We see them on our television screens and read of them in our newspapers – torture, murder, abuse, poverty, hunger, racism, unemployment, inequality, homelessness, discrimination, and so on. But this does not mean that the human rights principles contained in the Universal Declaration and other international treaties do not work or are unenforceable. In fact, the ratification of these treaties by states signifies their agreement with and adherence to these basic principles as legal obligations under international law.