The Philosophy and
Concept of Human Rights
Prof. Dr. Md. Abdul Hannan
• Introduction
• The Philosophy of Human Rights
Contents of the • The Concept of Human Rights
• Human Rights Law
• Nature and Origin of Human Rights
Presentation • Historical Evolution of Human Rights
• Guarantees of Human Rights
• The International Bill of Rights
• Evolution in the Regional Context
Introduction
•Human rights are fundamental freedoms and entitlements inherent to every individual.
•They ensure dignity, equality, and justice, regardless of nationality, race, or status.
•Recognized in philosophy, law, and historical documents.
•Aim: Protect individuals from oppression and guarantee a just society.
•Modern human rights are shaped by political revolutions, international law, and global
institutions.
The Philosophy of Human Rights
Rooted in moral, ethical, and legal theories.
Classical Thinkers:
•Aristotle & Cicero: Natural justice and civic rights.
•Hobbes & Locke: Social contract theory rights as protection from the state.
•Kant: Human dignity and moral duty.
•Marx: Socioeconomic rights, equality, and justice.
Modern Thinkers:
•Nussbaum: Capabilities approach (basic needs for human dignity).
•Dalai Lama: Rights rooted in compassion and harmony.
Topics: Genocide, minority rights, gender equality, environmental rights.
The Concept of Human Rights
o Human rights are universal, inalienable, and indivisible.
o Based on the idea that every person deserves dignity and freedom.
Three main characteristics:
•Universal: Everyone is entitled to them.
•Inalienable: Cannot be taken away.
•Indivisible: All rights (civil, political, economic, social, cultural) are equally
important.
Rights are enforced by governments, legal systems, and international institutions.
Human Rights Law
•Legal recognition of human rights in domestic and international law.
•Enforced through constitutions, treaties, and judicial decisions.
Forms of legal protection:
•Constitutional rights: Found in national constitutions (e.g., Bangladesh’s
Fundamental Rights).
•International treaties: UN conventions, European Convention on Human Rights.
•Judicial enforcement: Courts protect and interpret rights (e.g., Supreme Court
rulings).
•Human rights organizations: UN Human Rights Council, Amnesty International.
Aim: Protect civil liberties, political freedoms, and social justice.
Nature and Origin of Human Rights
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Ancient Roots:
• Greek Philosophy: Natural rights (Aristotle, Stoics).
• Religious Texts: Bible, Quran, Vedas emphasize justice, dignity.
• Hammurabi’s Code (1754 BCE): Early laws of fairness and punishment.
Medieval & Renaissance Era:
• Magna Carta (1215): Limited royal power, early legal rights.
• Natural Law Theory: Rights based on human nature (Aquinas, Grotius).
Modern Development:
• English Bill of Rights (1689): Parliament’s power over the monarchy.
• French Declaration of Rights of Man (1789): Liberty, equality, fraternity.
• US Declaration of Independence (1776): Inalienable rights (life, liberty, pursuit of
happiness).
Historical Evolution of Human Rights
18th Century Enlightenment:
•Social contract theory (Locke, Rousseau).
•Push for democracy, freedom, and civil liberties.
19th Century Movements:
•Abolition of slavery.
•Expansion of voting rights and worker protections.
20th Century Expansion (Post-WWII):
•United Nations (1945): Established to prevent human rights abuses.
•Universal Declaration of Human Rights (1948): First global human rights document.
21st Century:
•Focus on social, economic, environmental, and digital rights.
•Human rights challenges: Migration, AI ethics, climate justice, corporate responsibility.
Guarantees of Human Rights
1. Organized Guarantees:
National Level:
• Constitutional protections (e.g., Supreme Court of Bangladesh).
• Laws against discrimination and abuse.
Regional Level:
• European Court of Human Rights.
• African Commission on Human and Peoples’ Rights.
International Level:
• UN treaties, International Criminal Court (ICC).
• UN Human Rights Council investigates abuses.
2. Unorganized Guarantees:
• Public Opinion: Media, protests, awareness campaigns.
• Resistance to Oppression: Social movements (e.g., Civil Rights Movement, Arab
Spring).
The International Bill of Rights
Key Documents:
•Universal Declaration of Human Rights (1948) – Foundational text.
•International Covenant on Civil and Political Rights (1966) – Free speech, fair
trial, voting rights.
•International Covenant on Economic, Social, and Cultural Rights (1966) – Right
to education, work, health.
• Optional Protocols –Allow individuals to bring complaints to the UN.
o Optional Protocol to the International Covenant on Civil and Political Rights
o Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
UN’s Role in Human Rights:
•Monitors compliance, investigates violations.
•Promotes human rights through education, diplomacy, and peacekeeping.
Evolution in the Regional Context
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When national protections fail, regional/international mechanisms help.
Regional Human Rights Mechanisms:
•European Court of Human Rights (ECHR): Protects citizens of Europe.
•African Charter on Human and Peoples’ Rights: Promotes rights across Africa.
•Inter-American Human Rights System: Addresses violations in Latin America.
United Nations Regional Efforts:
•UN encourages regional cooperation on human rights.
•Programs for disability rights, women’s rights, and refugee protections.
Why Regional Protections Matter:
•Faster response to violations.
•Focus on cultural and local human rights challenges.
Thank You
Any Questions
