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Political science · An Introduction To Political Theory 9th Edition O. P. Gauba

Chapter 15 : Concept of Human Rights

Table of contents44 sections
  1. 1.Concept of Human Rights
  2. 2.Nature of Human Rights
  3. 3.Key Terms
  4. 4.📌 Exam Tidbits
  5. 5.Concept of Rights
  6. 6.Key Terms
  7. 7.📌 Exam Tidbits
  8. 8.Conventional Theories of Rights
  9. 9.Theory of Natural Rights
  10. 10.Theory of Moral Rights
  11. 11.Theory of Legal Rights
  12. 12.Historical Theory of Rights
  13. 13.Social-Welfare Theory of Rights
  14. 14.Key Terms
  15. 15.📌 Exam Tidbits
  16. 16.Social-Democratic Perspective
  17. 17.Laski's Theory of Rights
  18. 18.Key Terms
  19. 19.📌 Exam Tidbits
  20. 20.Marxist Perspective
  21. 21.Concept of Rights
  22. 22.Rights Under the Capitalist System
  23. 23.Rights Under the Socialist System
  24. 24.Key Terms
  25. 25.📌 Exam Tidbits
  26. 26.Genesis of Human Rights
  27. 27.Key Terms
  28. 28.📌 Exam Tidbits
  29. 29.Universal Declaration of Human Rights
  30. 30.Key Terms
  31. 31.📌 Exam Tidbits
  32. 32.Scope of Human Rights
  33. 33.Key Terms
  34. 34.📌 Exam Tidbits
  35. 35.Theories of Human Rights
  36. 36.Key Terms
  37. 37.📌 Exam Tidbits
  38. 38.Three Generations of Rights
  39. 39.Key Terms
  40. 40.📌 Exam Tidbits
  41. 41.Debate on the Status of Human Rights
  42. 42.Key Terms
  43. 43.📌 Exam Tidbits
  44. 44.Quick-Recall Box

Chapter preview

Concept of Human Rights

Nature of Human Rights

Human rights are rights an individual is entitled to by virtue of their status as a human being, independent of their status as a citizen of a particular state.

  • Scope and Function: The scope of human rights is wider than civil, political, and social-economic rights. They set the standards for the provision and expansion of these ordinary rights.
  • Safety Net: When an individual's ordinary rights are exhausted (e.g., a foreigner, refugee, prisoner-of-war, or proclaimed offender), human rights continue to provide relief and protection.
  • Moral Foundation: They constitute the source of all rights, embody the scheme of ideal rights, and provide the moral foundation for any system of rights, akin to the concept of justice.
  • Reinterpretation of Ordinary Rights: When ordinary rights are reinterpreted in light of human rights, they expand human welfare (e.g., the right to life expanding to include uncontaminated land, clean air, and clean water).
  • Enforcement: Like any other rights, human rights must be enforced by a state or an international tribunal. Claimants must be law-abiding and submit to law for appropriate justice.

Source visual reconstruction (Directional relationship):

  • HUMAN BEING → Human Rights
  • CITIZEN → Civil Rights, Political Rights, Social-Economic Rights

Key Terms

ConceptDefinition
Human RightsRights to which an individual is entitled by virtue of his status as a human being, which provide the moral foundation for all other rights and act as a safety net when ordinary rights are exhausted.

📌 Exam Tidbits

  • Human rights are independent of citizenship status.
  • They act as a safety net for vulnerable groups like refugees and prisoners-of-war who lack ordinary civil/political rights.
  • Human rights set the standard for law, just as the concept of justice determines the principles of law.

Concept of Rights

The idea of rights is an essential tool for analyzing the relationship between the individual and the state. When the state is viewed as a means and the individual as the end, the state cannot possess absolute authority.

  • Origin and Purpose: Rights belong to the sphere of conflicting claims between the individual and the state. They originate from…
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Chapter 16 : Concept of Liberty