Approaches to Human Rights

“Human rights are conceived as tools that allow people to live

lives of dignity, to be free and equal citizens, to exercise
meaningful choices, and to pursue their life plans.”
Islamic Approach
Islam gave to mankind an ideal code of human rights fourteen
centuries ago. These rights aim at conferring honor and dignity
on mankind and eliminating exploitation, oppression and
injustice.
Although an Islamic state may be set up in any part of the earth,
Islam does not seek to restrict human rights or privileges to the
geographical limits of its own state. Islam has laid down some
universal fundamental rights for humanity as a whole, which
are to be observed and respected under all circumstances
whether such a person is resident within the territory of the
Islamic state or outside it, whether he is at peace with the state
or at war. The Qur'an very clearly states:
O believers, be you securers of justice, witnesses for God. Let
not detestation for a people move you not to be equitable; be
equitable – that is nearer to the God-fearing. (5:8)
THE QUR'AN STATES:
You who believe,
i) do not let one make fun of another
ii) do not defame one another
iii) do not insult by using nicknames
iv) do not backbite or speak ill of one another
(49:11-12)
We have already seen that every person has certain basic
human rights simply because he is a human being, whether he
belongs to this country or that, whether he is a believer or
unbeliever, or whether he lives in a forest or in a desert. It is the
duty of every Muslim to recognize these rights. They are:
The Right to Life
The first and foremost basic right is the right to life.
The Glorious Qur’an says: “If anyone slew a person – unless it
be for murder or for spreading mischief in the land – it would
be as if he slew the whole people.” (Al-Ma’idah: 32) In any
event, the Qur’an makes clear: “Do not kill a soul which Allah
has made sacred except through the due process of law.” (Al-
An`am: 151) The Prophet (peace and blessings be upon him)
has declared homicide as the greatest sin after polytheism.
He said, “The greatest sins are to associate something with
Allah and to kill human beings.” In all these verses of the
Qur’an and the hadiths of the Prophet (peace and blessings
be upon him) the word ‘soul’ (nafs) has been used in general
terms. It does not refer only to those of one’s own tribe,
race, religion or country. The injunction applies to all human
beings.
The Right to the Safety of Life
Immediately after the verse in the Qur’an which has been
mentioned in connection with the right to life, Allah says:
“And whoever saves a life it is as though he had saved the
lives of all mankind.” (Al-Ma’idah: 32) There can be several
forms of saving someone from death. If a man is ill or
wounded it is one’s duty to get him medical help. If he is
dying of starvation, it is one’s duty for feed him. If he is
drowning, it is one’s duty to rescue him. Thus, it is regarded
as one’s duty to save every human life, because it is enjoined
in the Qur’an.
Respect for the Chastity of Women
The third important element in the charter of human rights
granted by Islam is a woman’s honor, which must be
respected and protected at all times, regardless of her
origins. A Muslim must not physically abuse her under any
circumstances. The words of the Qur’an, in this respect, are:
“Do not approach (the bounds) of adultery.” (Al-Isra’: 32)
Heavy punishment has been prescribed for this crime. Since
the violation of the chastity of a woman is forbidden in Islam,
a Muslim who perpetrates this crime cannot escape
punishment – whether he receives it in this world or in the
Hereafter.
The Right to a Basic Standard of Living
Speaking about economic rights, the Qur’an instructs its
followers: “And in their wealth there is acknowledged right
for the needy and destitute.” (Adh-Dhariyat: 19) According to
this verse, anyone who asks for help and is suffering from
deprivation has a right to share in the property and wealth of
a Muslim, irrespective of his origins. If one is in a position to
help and a needy person asks for help or if one comes to
know that he is in need, then it is one’s duty to help him.
The Individual’s Right to Freedom
Islam has categorically forbidden the primitive practice of
capturing a free human being to make him a slave or to sell
him into slavery. On this point the unequivocal words of the
Prophet (blessings of Allah and peace be upon him) are as
follows: “There are three categories of people against whom
I shall myself be a plaintiff on the Day of Judgment. Of these
three, one who enslaves a free man, then sells him and
spends this money.”(Al-Bukhari and Ibn Majah)
The Equality of Human Beings
Islam not only recognizes the principle of absolute equality
between men irrespective of color, race or nationality, it
makes it an important reality. Almighty Allah has laid down in
the Qur’an: “O mankind, we have created you from a male
and female.” In other words, all human beings are brothers.
They all are the descendants from one father and one
mother. The Qur’an says, “And we set you up as nations and
tribes so that you may be able to recognize each other” (Al-
Hujrat: 13). This means that the division of human beings
into nations, races, groups and tribes is only for the sake of
distinction not for superiority. This division of the human
race is neither meant for one nation to take pride in its
 superiority over others, nor for one nation to treat another
with contempt. Allah says, “Indeed, the noblest among you
before Allah are the most heedful of you” (Al-Hujrat: 13).
That is, the superiority of one man over another is only on
the basis of piety, purity of character and high morals, and
not color, race, language or nationality. People are, therefore,
not justified in assuming prides of superiority over other
human beings. No man should therefore be discriminated
against on the grounds of the color of his skin, his place of
birth, the race or the nation in which he was born.
The Right to Justice
This is a very important and valuable right which Islam has
given to man as a human being. The Holy Quran has laid down:
Be just; that is nearest to heedfulness" (5:8). Stressing this point
the Quran again says: "You who believe stand steadfast before
God as witness for (truth and) fairplay" (4:135). This makes the
point clear that Muslims have to be just not only with ordinary
human beings but even with their enemies. In other words, the
justice to which Islam invites her followers is not limited only to
the citizens of their own country, or the people of their own
tribe, nation or race, or the Muslim community as a whole, but
it is meant for all the human beings of the world.
Right to own and protect property:
The Quran bestows upon humans the right to property as well
as, the freedom to deal and trade.
The principles of justly protecting the rights and property of
those in need of such protection, such as orphans, brought
together effortlessly in the Quran when it says " And give to the
orphans their property, and do not substitute worthless (thing)
for (their) good (ones), and do not devour their property (as an
addition) to your own property; this is surely a great crime".
Freedom of Expression:
Islam gives the right of freedom of thought and expression to all
citizens of the Islamic State on the condition that it should be
used for the propagation of virtue and truth and not for
spreading evil and wickedness. This Islamic concept of freedom
of expression is much superior to the concept prevalent in the
West.

It also does not give anybody the right to use abusive or

offensive language in the name of criticism. The right to
freedom of expression for the sake of propagating virtue and
righteousness is not only a right in Islam but an obligation. One
who tries to deny this right to his people is openly at war with
God, the All-Powerful.
The Right to Protest Against Tyranny:
Amongst the rights that Islam has conferred on human beings is
the right to protest against government's tyranny. Referring to it
the Quran says:
"God does not love evil talk in public unless it is by some- one
who has been injured thereby" (4:148).
This means that God strongly disapproves of abusive language
or strong words of condemnation, but the person who has been
the victim of injustice or tyranny, God gives him the right to
openly protest against the injury that has been done to him.
Protection of Religious Sentiments
Along with the freedom of conviction and freedom of
conscience, Islam has given the right to the individual that his
religious sentiments will be given due respect and nothing will
be said or done which may encroach upon this right. It has been
ordained by God in the Holy Quran:
Do not abuse those they appeal to instead of God" (6:108).
These instructions are not only limited to idols and deities, but
they also apply to the leaders or national heroes of the people.

The Protection of Honor:

The important right is the right of the citizens to the protection
of their honor. In the address delivered on the occasion of the
Farewell Hajj, to which I have referred earlier, the Prophet did
not only prohibit the life and property of the Muslims to one
another, but also any encroachment upon their honor, respect
and chastity were forbidden to one another. The Holy Quran
clearly lays down:

a. You who believe, do not let one (set of) people make fun
of another set.
b. Do not defame one another.
 c. Do not insult by using nicknames.
d. And do not backbite or speak ill of one another (49:11-12).

The Sanctity and Security of Private Life

Islam recognizes the right of every citizen of its state that there
should be no undue interference or encroachment on the
privacy of his life. The Holy Quran has laid down the injunction:
"Do not spy on one another" (49:12). "Do not enter any houses
except your own homes unless you are sure of their occupants'
consent" (24:27). The Prophet has gone to the extent of
instructing his followers that a man should not enter even his
own house suddenly or surreptitiously. He should somehow or
other inform or indicate to the dwellers of the house that he is
entering the house, so that he may not see his mother, sister or
daughter in a condition in which they would not like to be seen,
nor would he himself like to see them in that condition. Peering
into the houses of other people has also been strictly
prohibited.
The Rights of the Non-Combatants:
Islam has first drawn a clear line of distinction between the
combatants and the non-combatants of the enemy country. As
far as the non-combatant population is concerned such as
women, children, the old and the infirm, etc., the instructions
of the Prophet are as follows: "Do not kill any old person, any
child or any woman" (Abu Dawud). "Do not kill the monks in
monasteries" or "Do not kill the people who are sitting in places
of worship" (Musnad of Ibn Hanbal).
The Rights of the Combatants:
Now let us see what rights Islam has conferred on the
combatants.
1. Torture with Fire
In the hadith there is a saying of the Prophet that: "Punishment
by fire does not behoove anyone except the Master of the Fire"
(Abu Dawud). The injunction deduced from this saying is that
the adversary should not be burnt alive.
2. Protection of the Wounded
"Do not attack a wounded person"-thus said the Prophet. This
means that the wounded soldiers who are not fit to fight, nor
actually fighting, should not be attacked.
3. The Prisoner of War Should not be Slain
"No prisoner should be put to the sword"-a very clear and
unequivocal instruction given by the Prophet (S).
4. No one Should be Tied to be Killed
"The Prophet has prohibited the killing of anyone who is tied or
is in captivity."
5. No Looting and Destruction in the Enemy's Country
Muslims have also been instructed by the Prophet that if they
should enter the enemy's territory, they should not indulge in
pillage or plunder nor destroy the residential areas, nor touch
the property of anyone except those who are fighting with
them. It has been narrated in the hadith: "The Prophet has
prohibited the believers from loot and plunder" (al-Bukhari;
Abu Dawud).
6. Sanctity of a Dead Body
Islam has categorically prohibited its followers from disgracing
or mutilating the corpses of their enemies as was practiced in
Arabia before the advent of Islam. It has been said in the
hadith: "The Prophet has prohibited us from mutilating the
corpses of the enemies" (al- Bukhari; ABC Dawud).

Rights Prisoners
It goes without saying that Islam caters for the physical and the
psychological fitness of prisoners. In Islam, prisoners, like all
other members of society, have their rights. They should be
treated with care and get the due educational and religious
courses that help them improve psychologically and be good
citizens after they get out of the prison.
[Link] a prisoner becomes sick while in jail and it is possible to
treat him there, then he must be treated without bringing him
out. Doctors and servants should not be prevented from going
in to see him, treat him and serve him.
 [Link] should be allowed to see their spouses and to have
intimate relations with them, if there is a suitable place for that
in the jail, as a protection for them and their spouses.
[Link] place that is used as a prison should be spacious, clean,
well-ventilated, lit by natural sunlight, and furnished with the
necessary facilities such as washrooms, etc. It is not permissible
to gather such a large number of prisoners in one place that
they will not be able to do ablution and pray.
4. It is not permitted to punish a prisoner by cutting off any
part of his body or breaking any of his bones. The Prophet
(peace and blessings be upon him) forbade mutilation of
prisoners of war and said, “Do not mutilate.” (Narrated by
Muslim).
5. This is prohibited to hit the face of prisoners because of the
humiliation involved. By the same token, it is not permitted to
put chains on prisoners’ necks or to lay them on the ground to
whip them, even if this is the hadd (Islamic punishment)
prescribed for them, because this involves humiliation and
harms their health and bodies.

[Link] prisoners or exposing them to cold, or feeding them

harmful things, or preventing them from wearing clothes. If a
prisoner dies because of such things, his jailer may be executed
in retribution qisaas or be required to pay diyah (blood money).
[Link] prisoners’ clothing. This is prohibited because it
uncovers their `awrah (private parts) and exposes them to
physical and psychological illness.
Socialist Approach to Human Rights
The Socialists attach particular importance to collective human
rights because, in their opinion, individual human rights can
only be assured in the situation when collective human rights
are fully recognized and observed.
According to Karal Marx “Gentlemen! Do not allow yourselves
to be deluded by the abstract word freedom. Whose freedom?
It is not the freedom of one individual in relation to another,
but the freedom of capital to crush the worker.”
To Karl Marx, human rights create an order for privileging a
specific class (ie the bourgeoisie) to the disadvantage of those
who are oppressed (ie the proletariat) in the society.
Basis for a socialist framework of freedoms and human rights.
 Freedom from want (through a real working wage)
 Freedom from ignorance (through apprenticeships and
free higher education)
 Freedom from homelessness
 Freedom from illness
 Freedom from discrimination
 Right to cultural life, leisure, and recreation
 Democratic practice and representation in the workplace
(through trade unions)
 Resolution of conflicts with national minorities (as
proposed through progressive federalism)
Socialists believe that the precedence of political rights
over socio-economic and cultural rights is to benefit
capitalists. Marx regarded the doctrine of ‘the Rights of
Man’ as a means to advance the interests of private
property. He believed that such rights were a ‘right to
inequality’ as they applied an equal standard to unequal
individuals. The right to property had very different
implications for the rich and poor.
To socialists, liberty was not freedom to own property,
but freedom from necessities. Socialism gave the slogan
“from each as per his capacity and to each as per his
necessity.”
Socialists are against viewing individual as the end in
themselves and state as well as society as the means. Marx
and Lenin held that the rights maintained in any society
are the rights of the ruling class or dominant class as the
expense of the dependent class. Socialism emerges out the
centrality accorded to society. Socialism considers that the
individual’s interests and societies goals are not against
one another. They believe that man is social by nature and
hence there is no conflict between man and society. Due
to these assumptions, they do not have a strong tradition
of rights against society. To them, society is prior to man.
The former Soviet Union is considered as the example
of socialist state. Lenin believed that though perfect
communistic state was yet to materialize the inequalities
had decreased since state had seized control over the
means of production. National industries and abolishment
of private property were conceived as the panacea to
problems plaguing modern society. Though the Soviet
state provided for elaborate economic, social, political,
cultural, rights they were regulated and to be exercised in
accordance with the aims of building communism.
The socialist nations fared better than most developed
nations on affordable education, health care housing and
substantive rights. Their effort in achieving socio-economic
rights is laudable. For instance, Soviet Union had 120 beds
in hospitals for every 10,000 people in comparison to so in
USA. Moreover, the Cuban feats in healthcare and its
achievements in economic redistribution have been
remarkable.
The socialists view that the human rights project by
the Western nations as a subtle defense and prorogation
of capitalistic ideas. They perceive it similar to the ‘end of
history’ theory which aimed to give democracy a
hegemonic status. To them Human rights framework is
 used as a tool to advance individual prosperity at the cost
of society.
Human Rights Approach in EU and North
America
Thematic pillars of Human Rights
 Mechanisms: Increasing implementation of the
international human rights mechanisms outcomes
 Development: Integrating human rights in sustainable
development
 Accountability: Strengthening rule of law and
accountability for human rights violations
 Nondiscrimination: Enhancing equality and countering
discrimination
 Participation: Enhancing & protecting civic space and
people's participation
 Peace and Security: Supporting early warning, prevention
and protection of human rights in situations of conflict and
insecurity.
The EU and the Americas especially USA are the most
important state promoters of human rights and share a
common human rights legacy. However, the human rights
approaches of the EU and the US display crucial
differences in comparison to each other: first, the
acceptance of social and economic rights in Europe and a
focus on individual freedom in the US; second, a stricter
and harsher law enforcement in the US; and third, the
possibility for EU citizens to address international human
rights courts and commissions. Values and attitudes
explain the transatlantic divide in human rights. The EU
emphasizes dignity as the core value underpinning human
rights and is more reluctant towards the use of force inside
and outside its borders. In the US, negative freedom is the
paramount value for justifying human rights and the
United States are more willing to use force against
criminals, terror suspects and enemies abroad.
Conclusion
In a caricature of the American human rights approach, the
US could be drawn as a “good cop” who has his own
absolute standard of right and wrong based on negative
freedom and with the willingness to enforce it, if
necessary, with the use of force. The EU would be
portrayed as a “social worker”, talking about dignity and
social and economic rights for everybody and with a
reluctant attitude towards the use force. However, both
have skeletons in the closet as was shown above in some
examples. For the US, a different attitude towards the use
of force by the state and more respect for human dignity,
understood as the guarantee for persons to live a life in
dignity under any circumstances, would be crucial to
 reduce human rights violations. The EU should mostly
concentrate on living up to its own values. Two main
challenges are to combat widespread discrimination and to
guarantee the rights of migrants.

Classification of Human Rights

This division of human rights into three generations was introduced in 1979
by Czech jurist Karel Vasak.
The three categories align with the three principles of the French
Revolution: liberty, equality, and fraternity.

The first generation of human rights

The first generation of human rights are based on the principles of individualism
and non-interference—they tend to be “negative” rights, based on the Anglo-
American principles of liberty. This first generation of rights developed under a
strong mistrust of government and has since evolved into what are now known as
“civil” or political” rights. They are set out in Articles 2-21 of the UDHR.
Important examples of first-generation rights include:
1) The right to life
2) The right to property
3) The right to be seen equal before the law
4) The right to receive a fair and public hearing where one is innocent before
proven guilty
5) The right to privacy at home
6) The right to move and reside anywhere within one’s country
7) The right to seek asylum internationally
8) The right to marry and found a family
9) The right of freedom of belief and religion
10) The right of freedom of speech and opinion
11) The right to peacefully assemble and associate
12) The right to take part in the government directly or indirectly
13) The right to periodic and genuine elections
14) The right to have free choice of employment
15) The right to be protected from compulsion to join an organization
16) The right to be protected against slavery
17) The right to be protected against torture and cruel punishment
18) The right to be protected against arbitrary exile or arrest
19) The right as a parent to choose the type of education for your child
20) The right to hold ownership over any scientific, literary, or artistic production

The second generation of human rights

The second generation of human rights are based on the principles of social
justice and public obligation—they tend to be “positive” rights, based on
continental European conceptions of liberty as equality. This generation of human
rights developed through those who had a strong desire for the state to provide
protection for its neediest inhabitants via providing relief to the less fortunate.
This second generation of rights has since evolved into what are now known as
“social” or “economic” rights. Second generation rights are set out in Articles 22-
27 of the UDHR
 The right to social security.
✓ The right to work and to protection against unemployment.

✓ The right to rest and leisure, including public holidays with pay.

✓ The right to an adequate standard of living.

✓ The right to education.

✓ The right to take part in cultural and scientific activities and to protection of
one’s scientific and artistic creations.

The third generation of rights

The third generation of rights emerged post-1945 and are referred to as solidarity
rights. This is for the simple reason that these rights are concerned with social
groups and society on the whole rather than an individual. They are therefore
seen as collective rights. The underlying theme of the third-generation rights
is fraternity. Usually, these rights are shaped by the difficulties faced by the
countries of the Global South. They are set out in Articles 28 and 29 of the UDHR.
These rights include the right to development, the right to environmental
protection, the right to self-determination, the right to peace etc. The Stockholm
Convention of Human Environment of 1972 and the Earth Summit of 1992 at Rio
can be analyzed to understand these rights.