Course Code: CCJ 2201

Course Name: State & Human Rights

Assignment on
“Definition of Human Rights , basic features and their distinctions of natural
rights & human rights”

Submitted by:
Mohammad Shafiul Hoque
ID# 22219999010
4th Semester
MCCJ (2nd Batch)
Definition of Human Rights:
Human rights are those moral rights that are morally important and basic, and that
are held by every human being because they are possessed in virtue of the universal
moral status of human beings. Human rights are protected and supported by
international and national laws and treaties. The Universal Declaration of Human
Rights (UDHR), adopted by the UN General Assembly on 10 December, 1948, was
the first legal document to set out the fundamental human rights to be universally
protected. The UDHR continues to be the foundation of all international human
rights law
In theoretical review, many theorists expressed their views about human rights. S.
Kim construed that human rights are "claims and demands essential to the protection
of human life and the enhancement of human dignity, and should therefore enjoy
full social and political sanctions".
According to Subhash C Kashyap, human rights are those “fundamental rights to
which every man inhabiting any part of the world should be deemed entitled by
virtue of having been born a human being”.
Milne opined that “human rights are simply what every human beings owes to every
other human being are norms which are definite, high priority universal and existing
and valid independently of recognition or implementation in the customs or legal
system of particular country.
Jack Donnelly defines human rights as "universal moral rights that are inherent to
all humans, irrespective of their status or culture." He emphasizes that these rights
are based on the inherent dignity of each person and are essential for the protection
of individual freedom.
The former UN Secretary-General Kofi Annan described human rights as "the
foundation for freedom, justice, and peace." He emphasized that human rights are
essential for the dignity of individuals and the well-being of societies.
The United Nations Center of Human Rights denotes Human Rights as “those rights
which are inherent in our nature and without which we cannot leave as human
beings”
According to United Nations” Human rights are rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity, language, religion, or any other
status.” Human rights include the right to life and liberty, freedom from slavery and
torture, freedom of opinion and expression, the right to work and education, and many
more. Everyone is entitled to these rights, without discrimination.
Examples of Human Rights: The examples of human rights areas follow according
to UDHR:
 Right to equality (Article 1)
 Right to life, liberty and security (Article 3)
 Freedom from torture and degrading treatment (Article 5)
 Freedom from slavery (Article 4)
 Right to education (Article 26)
 Right to peaceful assembly and association (Article 20)
 Right to adequate living standard (Article 25)
 Freedom of Belief and Religion (Article 18)
 Freedom of Opinion and Information (Article 19)

Basic Features of Human Rights:

i. Human Rights are Inalienable: Human rights are deliberated on an individual
due to the very nature of his existence. They are innate in all individuals irrespective
of their caste, creed, religion, sex and nationality. Human rights are conferred to an
individual even after his death. The different rituals in different religions bear
testimony to this fact.
ii. Human Rights are essential and necessary: Human rights are needed to
maintain the moral, physical, social and spiritual welfare of an individual. Human
rights are also essential as they provide suitable conditions for material and moral
upliftment of the people.
iii. Human Rights are associated with human dignity: To treat another individual
with dignity regardless of the fact that the person is a male or female, rich or poor is
concerned with human dignity.
iv. Human Rights are Irrevocable: Human rights are irrevocable as they cannot be
taken away by any power or authority because these rights originate with the social
nature of man in the society of human beings and they belong to a person simply
because he is a human being. As such human rights have similarities to moral rights.
v. Human Rights are essential for the fullfilment of purpose of life: Human life
has a purpose. The phrase “human right” is applied to those conditions which are
essential for the fullfilment of this purpose. No government has the power to curtail
or take away the rights which are sacrosanct, inviolable and immutable.
vi. Human Rights are Universal: Human rights are not a domination of any
privileged class of people. Human rights are universal in nature, without
consideration and without exception. The values such as divinity, dignity and
equality which form the basis of these rights are inherent in human nature.
vii. Human Rights are never absolute: Man is a social animal and he lives in a
civic society, which always put certain limitations on the enjoyment of his rights and
freedoms. Human rights as such are those limited powers or claims, which are
contributory to the common good and which are recognized and guaranteed by the
State, through its laws to the individuals. As such each right has certain limitations
viii. Human Rights are Dynamic: Human rights are not stationary, they are
dynamic. Human rights go on expanding with socio-eco-cultural and political
developments within the State. Judges have to construe laws in such ways as are in
tune with the changed social values.
ix. Rights as limits to state power: Human rights infer that every individual has
legitimate claims upon his or her society for certain freedom and benefits. So human
rights limit the state’s power. These may be in the form of negative restrictions, on
the powers of the State, from violating the inalienable freedoms of the individuals,
or in the nature of demands on the State, i.e. positive obligations of the State.

Distinctions between natural rights and human rights:

Aspect Natural Rights Human Rights

Established by legal
Inherent and derived from
Origin frameworks and social
nature or moral law.
agreements.
Rooted in Enlightenment Reflect societal values and
Philosophical
thought (e.g., Locke, norms, often articulated in
Basis
Hobbes). legal documents.
Broader, encompassing civil,
Focused on individual
Scope political, economic, and
freedoms and entitlements.
cultural rights.
 Also universal but defined
Considered universal and
Universality within specific legal and
applicable to all individuals.
political contexts.
Require legal recognition and
Do not require formal
Recognition protection by laws and
recognition to exist.
institutions.
Not enforceable through Enforceable through courts
Enforcement
legal systems; moral claims. and international treaties.
Often grounded in
Philosophical Subject to philosophical
international law and human
Debate interpretation and debate.
rights treaties.
May vary in interpretation
Cultural Generally viewed as
across different cultures and
Relativity culturally universal.
societies.
Includes responsibilities of
Emphasizes individual
Focus on Duties states and individuals to
rights and entitlements.
uphold these rights.
Right to life, liberty, and Right to education, freedom of
Examples
property. expression, and social security.

These distinctions highlight the different foundations, scopes, and implications of

natural rights and human rights.