5.2. Where do Rights Come From?

In the seventeenth and eighteenth centuries, political theorists argued that rights are given to us by nature or God. The rights of men were derived from natural law. This meant that rights were not conferred by a ruler or a society, rather we are born with them.

In earlier centuries, thinkers believed that certain rights were inherent to all humans and not granted by any authority. This idea emphasized that individuals naturally possess rights simply because they exist, much like how we have physical features. These rights were considered 'natural rights' and included fundamental concepts such as the right to life, liberty, and property.

Think of it like having a right to breathe air; it’s something that comes naturally to anyone regardless of where they are or who they are. Just as this is a fundamental need, the rights discussed in history were seen as something every person should possess without any conditions.

As such these rights are inalienable and no one can take these away from us. They identified three natural rights of man: the right to life, liberty and property. All other rights were said to be derived from these basic rights.

The concept of unalienable rights means that these rights cannot be removed or transferred. Natural rights, such as life, liberty, and property, form the essential foundation for all other rights. For instance, if one has life, they have the liberty to make choices, which in turn allows them to acquire and own property.

Imagine you’re given a key to a house. That key represents your right to live there (life), move around freely (liberty), and decide how to use the space (property). Just like that key is yours and no one can take it from you unjustly, natural rights are seen as integral to being human.

In recent years, the term human rights is being used more than the term natural rights. This is because the idea of there being a natural law, or a set of norms that are laid down for us by nature, or God, appears unacceptable today.

Over time, society has moved from the strict idea of natural rights bestowed by a higher power, to a more inclusive understanding of human rights. Human rights focus more on the needs and realities of people today and acknowledge that individuals have the power and obligation to define their own rights.

Consider how technology has evolved. Earlier, phone calls were limited to the technology of the time. Now, we have smartphones that allow us to connect in numerous ways. Similarly, our understanding of rights must evolve with the times and reflect the broader experiences of all individuals.

The assumption behind human rights is that all persons are entitled to certain things simply because they are human beings. As a human being each person is unique and equally valuable.

Human rights rest on the belief that every individual is deserving of certain rights just by existing. This principle asserts that no one is superior to another and that everyone deserves respect, dignity, and the opportunity to achieve their potential.

Think of it like a classroom; every student deserves the chance to participate and succeed, regardless of their background. Just as a teacher recognizes the value in every student, human rights emphasize the intrinsic worth of every individual.

Kant’s views represent, what is called, the moral conception of rights. This position rests upon two arguments. First, we should be treating others as we would like to be treated ourselves.

Philosopher Immanuel Kant asserted the importance of treating others with dignity, highlighting that respect is fundamental to human interactions. His moral conception of rights calls for empathy: understanding that what we expect for ourselves, we should also extend to others.

Imagine playing on a soccer team; if every player respects each other and plays fairly, everyone can enjoy the game. However, if one player cheats or disrespects others, it ruins the experience for everyone. This reflects Kant’s idea of mutual respect as a fundamental right.

The list of human rights which people have claimed has expanded over the years as societies face new threats and challenges.

As society evolves, new situations arise that necessitate the establishment of additional rights. Rights previously unrecognized, such as those for the environment or marginalized groups, come to the forefront as important issues that demand societal and legal attention.

Consider how climate change has led to advocacy for environmental rights. Just as people rally for the right to clean air and water, acknowledging that it affects everyone’s quality of life, the expansion of rights reflects society’s growth and adaptation to current realities.

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