THEORIES OF SOURCES OF HUMAN RIGHTS

Key Concepts

Theological approach, doctrine of God, doctrine of salvation, doctrine of man, doctrine of the kingdom, doctrine of the government, doctrine of sin, natural law theory, historical theory, functional/sociological approach, positivist theory, Marxist theory, theory based on justice, utilitarian theory, theory based on equality, respect, and dignity of man.

Theological Approach

• Main Idea: Religious beliefs, particularly Christian beliefs, significantly influence our understanding of rights, justice, and morality.
• Key Points:
  • Man is made in God's image, granting inherent worth and the right to life.
  • Emphasis on loving one's neighbor and equality before God.
  • Rain Kassin (UN Human Rights Commission) stated that the concept of human rights comes from the Bible, specifically the Old Testament and the Ten Commandments.
• Doctrines:
  • Doctrine of God: God loves all people, especially the poor, weak, and oppressed. He is just and commands his people to seek justice, correct oppression, and defend the vulnerable.
  • Doctrine of Salvation: Salvation involves economic and political liberation, offering hope to the exploited and transforming all aspects of life, including abusive relationships.
  • Doctrine of Man: Humans are unique due to being created in God's image, making them worthy of protection.
  • Doctrine of the Kingdom: Citizens of God's kingdom must submit to righteous rule and spread righteousness in an unrighteous world, creating a society based on justice, equality, and protection of the weak.
  • Doctrine of the Government: God instituted government to command what is right, punish wrongdoing, and promote human well-being.
  • Doctrine of Sin: The fall of man led to egoism and the need for laws to hold people accountable and protect the vulnerable.
• Criticisms and Rebuttals:
  • Criticism 1: Human rights is a secular movement based on individual autonomy, potentially conflicting with Christian values (e.g., abortion, same-sex marriage).
  • Criticism 2: Demanding rights contradicts biblical teachings of self-sacrifice and forgiveness.
  • Rebuttal: The Bible distinguishes between defending one's own rights and defending the rights of others. John Stott: "The Bible says so much about defending other people's rights but little about defending our own."
• Significance: Christianity's large global following contributes to its influence on human rights discourse. All religions agree that everyone should live with dignity and freedom.
• Limitations: Some religious practices (e.g., death penalty, slavery, discrimination) contradict modern human rights principles.

Natural Law Theory

• Main Idea: Human actions are driven by natural instincts and reason, allowing us to discern right from wrong.
• Key Points:
  • Natural law is the "law of right reason in accordance with the law of God" (Thomas Aquinas).
  • God has embedded natural law in our beings, guiding us to follow his commandments.
  • God gives us inherent, inalienable rights and an intuitive desire for good.
  • Actions promoting social harmony are just, while those harming society are unjust.
  • John Locke: Humans enjoy liberty, dignity, and property as natural rights.
• Real-World Application: Used in the prosecution of Nazi war criminals, arguing that mass killings were crimes against humanity even without pre-existing laws.

Historical Theory

• Main Idea: Rights evolve through historical evolution and are not granted by the state.
• Key Points:
  • Rights emerge from natural consciousness, customs, and usage over time.
  • Human rights progress with the actions and concerns of people in society.

Functional or Sociological Approach

• Main Idea: Human rights are derived from the people in the society and the state and serve social interests.
• Key Points:
  • Human rights discussions must be linked to the state and society's capacity to guarantee those rights (Madison and Virgin, 2013).
  • Rights must be accessible to all, including the poor and marginalized.
  • Societal institutions (schools, hospitals, courts, families, government) must operate in the interest of the people.

Positivist Theory

• Main Idea: Rights and laws are only valid if promulgated by the state.
• Key Points:
  • Only state-enacted laws govern the people.
  • Natural law and rights are valid only if codified into law.
  • This system is effective because it provides sanctions for violations and is flexible to changing societal needs.
• Example: LGBTQ+ individuals may have the right to love each other, but same-sex marriage is not legal in some countries, limiting their rights.

Marxist Theory

• Main Idea: Individual rights can only be distributed through a change in the societal system, specifically moving away from capitalism.
• Key Points:
  • Capitalism favors the wealthy, leading to unequal distribution of resources and rights.
  • Karl Marx: In capitalism, everything has value, including individual rights, which can be manipulated by those in power.
  • Society is divided into the upper class (resource holders) and the working class (laborers).
  • Communism is proposed as a solution for equitable distribution of resources and rights.

Theory Based on Justice

• Main Idea: Justice requires fairness and equality in society.
• Key Points:
  • Justice is attained when the government serves the people with equal distribution of rights (liberty, opportunity, goods, dignity).
  • Justice must be applied equally regardless of position, power, or status.

Utilitarian Theory

• Main Idea: Actions should be judged based on their consequences, aiming for the greatest good for the greatest number.
• Key Points:
  • Jeremy Bentham: Focus on results, prioritizing pleasure and happiness while avoiding pain.
  • Actions should produce the greatest good for the greatest number, even if it requires sacrifice from some.
• Criticisms:
  • Manifests inequality of choice and recession, as some must sacrifice for the greater good.
  • Lacks support for minority interests, favoring the majority.
  • Rodolf Eckering: The individual is less important than the group.
  • An act is only valid if it benefits a large group of people.

Theory Based on Equality, Respect, and Dignity of Man

• Main Idea: All individuals should be treated equally with respect and dignity, and their basic rights should be protected.
• Key Points:
  • Equal liberty and respect for all citizens.
  • Equal access to education, healthcare, freedom of speech, religion, fair trials, opportunities, and public services.
  • Special protection for freedom of speech, worship, association, and opinion against government interference.
  • Professor McDougal and Loswell: Protecting human dignity requires sharing essential values in humanity.
  • Values such as respect, power, knowledge, health, and security are crucial for human dignity.
  • Resources should be distributed equally, and human dignity must be protected.

Synthesis/Conclusion

The video explores various philosophical and theological approaches to understanding human rights. It highlights the influence of religious beliefs, natural law, historical evolution, societal needs, state-enacted laws, economic systems, justice, utilitarianism, and the fundamental principles of equality, respect, and dignity. Each theory offers a unique perspective on the origin, nature, and application of human rights, revealing the complex and multifaceted nature of this essential concept. The video emphasizes the importance of considering diverse perspectives and striving for a society where everyone's rights are protected and respected.