What are Human Rights?

This paper will demonstrate how self-determination has become recognised as the basis for all other human rights. Before dealing with specific human rights we need to consider the nature and origin of the concept of human rights generally as this informs us about the broader purpose of humanitarian law. Historical events which helped frame the current thinking on human rights include the American Revolution and the French Revolution in the 18th century, both of which show that the essence of particular rights is the underpinning foundation of freedom and government by the consent of the governed. In these two Declarations human rights are deemed universal rights shared by the whole of mankind. Sovereignty resides in the people, not in artificial constructs.

• The American Declaration of Independence of 1776 states:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.”

• In the midst of the French Revolution, the French constitutional convention adopted in 1789 the “Declaration of Human and Citizens’ Rights,” which states:

“Men are born and exist free and with equal rights. The purpose of all political unions is to preserve men’s inalienable natural rights. These rights are freedom, ownership, security and opposition to repression. All principles of sovereignty reside in the citizens. Liberty means the ability essentially to take any actions without hurting others.”

Despite the ideals espoused in these two declarations, human rights continued of course to be mercilessly violated in various regions of the world due to oppressive regimes, the evil of colonialism and wars (including the two World Wars). It was only after World War II that the notion of ‘universal human rights’ became widespread. The Universal Declaration of Human Rights was adopted by the UN General Assembly in 1948. The preamble of this Declaration states:

“...recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world....”

It was declared that the affirmation of human rights as universal rights common to all mankind, regardless of any differences in race, national origin, religion and class, is the foundation of freedom, justice and peace in the world.

The International Covenant on Civil and Political Rights adopted by the UN General Assembly in 1966 achieved three important outcomes in the development of human rights. It:-

• defined in detail the substance of human rights

• laid down obligations on each signatory state to promote the observance of human rights.

• placed the right of self-determination at the start of the document – in Article 1- giving it
  PRIMACY amongst human rights..