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Human Rights Framework > 2.2.1 What are Human Rights?
2.2.1 What are Human Rights?
Rights are difficult to define and there are lots of different definitions and interpretations of what a right is. One way to
understand rights is as things to which individuals or groups have a justified entitlement. That is, they cannot be asserted
out of thin air they must have a justification and they are not valid simply because they have been written down by an
authority.
A human right is a right that is believed to belong to everyone simply by being human. When we think about human rights
and law we look first to the UN conventions and declarations about human rights that evolved in the 20th century. But all
societies and civilisations have principles that guide the claims about rights, duties and responsibilities that characterise
all human relations. What constitutes a justified demand, who can make demands, and who owes it to respond to
demands are all matters that have varied significantly over time and across different cultures and civilisations.
In 539 B.C., Cyrus the Great, the first king of ancient Persia freed the slaves, declared that all people had the right to choose
their own religion, and established racial equality. These and other decrees were recorded on baked-clay known today as
the Cyrus Cylinder (image below) which is considered to be the world’s first human rights charter. Other early examples of
human rights charters include the Magna Carta (1215), the Petition of Right (1628), the US Constitution (1787), the French
Declaration of the Rights of Man and of the Citizen (1789), and the US Bill of Rights (1791.
Through these documents the idea of rights developed, beginning with the rights of monarchs to rule and of aristocrats to
raise armies, own and inherit property and be free from unfair taxation. The right of churches to operate without
interference from governments and the rights of citizens not to be imprisoned without good reason or subject to military
force or martial law in time of peace, also emerged. The American Bill of Rights prohibits the government from making
any law from depriving any person of life, liberty or property without due process of law thus limiting the powers of
government and offering protection of the right to freedom of speech, religion and assembly to citizens, residents and
visitors. It also guarantees the right to keep and carry weapons and not to be subject to unreasonable search and seizure,
cruel and unusual punishment or compelled self-incrimination. Contemporary human rights emerged in the aftermath of the Second World War and are arranged around the Universal
Declaration of Human Rights [1]. This contemporary form of rights includes civil liberties which are freedoms from
violations imposed by the state and its institutions as well as rights to have vital economic needs met such as health,
education, food and housing. It is important to note that these rights are based on the fundamental assumption that each
and every person is a moral and rational being who deserves to be treated with dignity simply because they are alive. This
is different from earlier charters that allocated rights only to certain categories of people or ‘citizens’ who were usually
male landowners, and not, for example, slaves, women, disabled people or peasants. The full scope of human rights is very broad and includes getting a job; selecting a partner of one’s choice; creating a
family; accessing ethical medical treatment; travelling - including to escape abuse; working gainfully without
discrimination, harassment, abuse or the threat of arbitrary dismissal.
It is useful to take an historical view of human rights in order to recognise that the ideas developed throughout history and
those spread by colonial powers are continually being updated and expanded to fit current global realities. The ability of
the international legal framework around human rights to reduce injustice and deliver results to minority groups and
individuals has been challenged in modern debates about security and economic development. While there is still
progress to be made, especially on sexuality issues, it is not only legitimatebut crucial for sexuality activists to play a part
in furthering the human rights agenda.
‘A proclamation of a right is not the fulfilment of a right any more than an airplane schedule is a flight.’ Henry Shue. Basic Rights, 1996. Princeton University Press
For more information about human rights in a simplified form see Youth for Human Rights [1], United for Human Rights [2]
Sources:
The Future of Human Rights.Global Policy Journal on International Law, Human Rights and the Global Economy:
Innovations and Expectations for the 21st Century. http://www.globalpolicyjournal.com/articles/international-law-and-
human-rights/future-human-rights
A Brief History of Human Rights.United for Human Rights. http://www.humanrights.com/what-are-human-rights/briefhistory/cyrus-cylinder.html
UNICEF: The Human Rights Based Approach [3]
Source URL: http://spl.ids.ac.uk/sexuality-and-social-justice-toolkit/2-policy-and-law-what-you-need-know/22international-human-3
Links
[1] http://www.youthforhumanrights.org/what-are-human-rights/universal-declaration-of-human-rights/articles-1-15.html
[2] http://www.humanrights.com/what-are-human-rights.html
[3] http://www.unicef.org/sowc04/files/AnnexB.pdf