Concept and

Theories of Human
Rights
 Concept of Human Rights
• Western countries was the first country in
the world that human rights are reflected in
the struggle in the document:
• i) Magna Charta
• ii) Petition of Rights
• iii) Habeas Corpus Act
• iv) Bill of Rights
 MAGNA CHARTA
• Magna Charta triggered on June 15, 1215 in Great
Britain made to limit the authority of King John in
England. The contents of this document are:
• i) King and his descendants, has promised to
respect the independence, rights, and freedom of
the Church in England.
• ii) King promised to the people of free
government to stick to give the following rights:
 MAGNA CHARTA
• The security officer and tax collector will respect the
rights of the people.
• Police can not claim a person without valid evidence
and witnesses.
• A child will not be the last, was arrested, found
guilty without the protection of the state and without
a legitimate reason as the basis for its actions.
• When a person without legal protection have stuck in
the hold, the king promised to correct mistakes.
 Petition of Rights
• In the year 1628, there appears a charter
Petition of Rights. This document contains
questions regarding the rights of people with
the guarantee. These rights are:
• i) Taxes and special collections must be
accompanied by an agreement.
• ii) The Citizens can not be compelled to accept
the military at home.
• iii) Army can not use the law of war in peace.
 Habeas Corpus Act
• In the year 1679, the documents present
Habeas Corpus Act and the laws that govern
the detention of a person. Contents are:
• i. A person who is arrested soon be reviewed
within two business days after the detention.
• ii. Reason for detention of a person must be
accompanied by evidence that is lawful.
 Bill of Rights
• In the years 1689, Bill of Rights issued and became law
received by the British parliament as a form of resistance
against King James II. The contents of this document is:
• i. Freedom in selecting members of parliament.
• ii. Freedom to speak and give opinions.
• iii. The Law and formation of standing army should be in line
with parliament.
• iv. The rights of citizens to embrace according to their
beliefs.
• v. Parliament has the right to change the decision of the king.
 Theory of Where
Human Right Based
 THEORY OF NATURAL
• RIGHTS
The natural rights evolved out of the natural law that
peoples are the creatures of nature. They exist their
lives and organize their society on the basis of rules
and principles laid down by nature.
• When the idea of individualism developed in the 17th
century, theory of natural law were modified and
focused on the rights of the individuals.
• It cannot be violated by anyone or by any society
because they are natural beings. Therefore we can
clearly say that today's human rights are the child of
ancient natural rights.
 THEORY OF NATURAL
•
RIGHTS
The most notable expression of this doctrine is
found in the writings of John Locke. John Locke
argued that all individuals were gifted by nature
with the inherent rights to life, liberty and property
of their own and could not be removed or abolished
by state.
• The most significant details of idea of natural rights
came from the writings of Thomas Jefferson,
Samuel Adams and Thomas Paine made the natural
rights theory a powerful justification for revolution.
THEORY OF SOCIAL RIGHTS
• The theory of Social rights states that rights are the
conditions of society. It is the creation of society, law,
customs, traditions and yield to what is socially useful or
socially desirable . What is socially useful should have
for its test the greatest happiness of the greatest number.
The real advocators of this theory was Bentham and Mill.
They established the principle of greatest happiness of
the greatest number and made it for the measure of
utility. But utility should be determined by
considerations of reason and experience according to
them.
THEORY OF LEGAL RIGHTS
• According to this theory rights are created and maintained by the
state. The state is the only source of right and outside the state an
individual has no rights at all and never claim rights against state.
The theory further maintains that rights are not natural to man.
• The political pluralists object this theory, because the state does
not create rights but it only recognizes them.
• This theory will lead to despotic state and tyranny of laws. It
does not provide a basis to know what right to be ensured.
• But now Rights are in fact not what the state grants what the man
needs for his self-development and what the state should grant.
 THEORY OF HISTORICAL
RIGHT
• According to this theory, rights are the product of history
and originate in its customs which passed from one
generation to another. It gives emphasis to custom. They
are considered fundamental to the growth and
development of man, because they are maintained by a
long unbroken custom and the generations have habitually
followed them.
• It is to note that many of our rights are really originated in
our primitive customs. At the same time it does not mean
the origin of all rights can be traced to customs and
traditions. Rights change with the facts of time and place.
 THEORY OF ECONOMIC
RIGHTS
• It finds its inspiration in the teaching of Karl Marx. It rejects the
concept of natural another rights, stated from time to time as an
explanation of the nature of rights. Marx's idea is simple and even
convincing too to certain extent. According to him the State is
powerful agency to uphold the particular type of social organization
and law is a tool of the State that preserves and safeguards the
interests of the dominant group in the society
• The economically powerful group in society dominates, controls and
regulates the machinery of the government and occupies all the key
positions of power
• The laws are so made and the policies of the governing class are so
devised and formulated that they protect the interests of this group
alone.
 Moral Theory of Human Rights
• people are entitled to profit or benefit of their
valuable moral needs of man.
• This is because human rights are fundamental in
shaping the human dignity and honor it is to
remain virtually universal that can be applied to all
individuals regardless of race which does not take
gender and age ethnicity or nationality.
• it can exist independently of the society and
country communities where people can live freely
in it.
 Theory of Social Justice Human
Rights
• Developing by Charles Beitz.
• proved that the distribution of rights in terms of moral
justice than human nature.
• Based on this theory of human rights are the rights
based social justice norms that guarantee the good of
mankind.
• Charles Beitz as claimed by the classical doctrine of
natural rights to restrict the rights of individual security
and the failure and the failure to take into account the
social justice model provides a more comprehensive
position on human rights.
 Structured Theory of Human
Rights
• determine that human rights policy
necessarily for human goodness.
• Henry Shue - human life to live without
human rights practiced properly fit is
impossible to achieve. - there are three
types of human rights - freedom, life and
safety
 Social Scientific Theory of
Human Rights
• the need to establish human rights
agreements on cross-cultural.
• this is because high level of cultural
pluralism in the contemporary world and
because of constant changes in customs
and values in different societies to find a
high-level agreement that’s why they
develop human rights
 Conclusions
• In all this theory, Individual is absolute,
that his or her reality must be recognized
unconditionally the basis of human rights.
• Regardless nationality, place of residence,
sex, national or ethnic origin, colour,
religion, language, or any other status. 
Human rights is a form of rights enjoyed
by a citizen as enshrined in the law