Human Rights: Universal Moral Entitlements Explained

Every person, simply by being born, holds certain rights that no government, institution, or authority can legitimately take away. This idea-that rights belong to individuals by virtue of their humanity-is one of the most powerful concepts in the history of political thought. From ancient natural law theories to the landmark 1948 Universal Declaration of Human Rights, the journey of human rights reflects humanity’s evolving commitment to dignity, freedom, and equality. But where do these rights come from? Are they God-given, reason-based, or politically constructed? And how do national constitutions like India’s translate these universal ideals into enforceable law?

Natural rights and their origins 🔗

The concept of natural rights did not emerge overnight. It has deep roots in the tradition of natural law-the idea that certain moral truths apply to all people, regardless of where they live or what agreements they have made. This tradition stretches back to ancient Greek thinkers like Aristotle, who argued that citizens equal by nature share the same natural justice. During the medieval period, canon lawyers and theologians debated whether rights such as property were natural or merely conventional, gradually developing a more recognisable framework for individual entitlements.

The most transformative articulation of natural rights came from the English philosopher John Locke (1632-1704). In his Second Treatise of Government, Locke argued that individuals possess rights to life, liberty, and property that exist independently of the laws of any particular society. These rights are not granted by governments; they precede government entirely.

Locke’s state of nature and natural law 🔗

Central to Locke’s philosophy is the idea of a state of nature-a hypothetical condition before formal governments existed. Unlike Thomas Hobbes, who saw the state of nature as a violent war of all against all, Locke envisioned it as a condition of relative peace governed by natural law. According to Locke, this law of nature-which is accessible through reason-teaches that since all human beings are equal and independent, no one should harm another in their life, liberty, or possessions.

For Locke, natural law was divinely ordained but not mystical or inaccessible. He believed that rational human beings could discern moral truths through their own faculties, much as they could grasp mathematical principles. At the heart of his framework were three fundamental rights:

Life: Every individual has the right to preserve their own existence, and harming another person’s life violates natural law.
Liberty: Individuals are free to act according to their own will, provided they do not infringe upon the rights of others.
Property: Locke defined property broadly-encompassing not just physical possessions but also one’s body and the fruits of one’s labour. When a person mixes their labour with natural resources, they create something that is rightfully theirs.

From natural law to social contract 🔗

Despite the relative peace of Locke’s state of nature, it had significant drawbacks. Without a central authority, there was no impartial body to settle disputes or enforce natural law consistently. This led individuals to voluntarily enter into a social contract-an agreement to form a civil society and establish a government. The sole purpose of this government, in Locke’s view, was to safeguard the natural rights of each citizen.

This was a radical departure from earlier political thought. Locke was directly challenging the doctrine of the divine right of kings, as defended by thinkers like Robert Filmer. Where Filmer argued that monarchical authority was natural and God-given, Locke insisted that political authority derives from the consent of the governed. If a government fails to protect natural rights, the people have the right to resist and replace it.

Locke’s ideas profoundly influenced the development of liberal democracy. The American Declaration of Independence, with its assertion that all people are endowed with inalienable rights to life, liberty, and the pursuit of happiness, directly echoes Locke’s philosophy. His framework also laid the intellectual groundwork for the modern human rights movement.

Human rights as moral rights 🔗

While natural rights theory provided a philosophical foundation, the concept of human rights as we understand it today is broader and more inclusive. Human rights are moral entitlements that belong to every person simply because they are human. They are not earned, purchased, or granted by any authority-they are inherent to personhood.

What distinguishes human rights from other types of rights is their three core characteristics:

Universality: Human rights apply to every person everywhere, regardless of nationality, ethnicity, religion, gender, or any other status. They are not limited to citizens of particular countries.
Inalienability: These rights cannot be taken away, surrendered, or forfeited. Even if a government refuses to recognise them, the rights still exist as moral claims.
Indivisibility: All human rights-civil, political, economic, social, and cultural-are equally important. Denying one right undermines the others.

The Universal Declaration of Human Rights (1948) 🔗

The most significant milestone in the global recognition of human rights was the adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948. The declaration was a direct response to the horrors of the Second World War, including the Holocaust and other systematic atrocities that shocked the global conscience.

After the war ended and the United Nations was created, world leaders resolved to complement the UN Charter with a document guaranteeing the rights of every individual everywhere. A drafting committee was established under the chairmanship of Eleanor Roosevelt, the former US First Lady. Other key contributors included René Cassin of France, who composed the first draft; Charles Malik of Lebanon; Peng Chung Chang of China; and John Humphrey of Canada, who prepared the initial blueprint.

The drafting process was remarkable for its inclusiveness. Representatives from diverse legal, cultural, and religious backgrounds worked together during a period of intense Cold War tension. The UDHR was adopted by the UN General Assembly as Resolution 217 in Paris, with 48 nations voting in favour, none against, and eight abstaining.

The declaration contains 30 articles that outline fundamental rights and freedoms. These include the right to life, liberty, and security of person; freedom from slavery and torture; the right to a fair trial; freedom of thought, conscience, and religion; the right to education; and the right to work and to an adequate standard of living. According to the UN and human rights organisations, the UDHR was the first time countries agreed on freedoms and rights deserving universal protection so that every individual could live freely, equally, and in dignity.

India’s contribution to the UDHR 🔗

India played a notable role in shaping the UDHR. Hansa Mehta, a delegate from India, is widely credited with advocating for gender-inclusive language in the declaration. She successfully pushed to change the phrasing from “All men are born free and equal” to “All human beings are born free and equal” in Article 1-a change that ensured the declaration’s language reflected true universality.

Human rights in national constitutions 🔗

The UDHR, while not legally binding in itself, has served as a powerful template for national legal systems. According to scholars, the declaration significantly accelerated the adoption of constitutional rights around the world. It is estimated that at least 90 national constitutions drafted after 1948 contain provisions that either reproduce or are directly inspired by the UDHR’s articles.

Fundamental rights in the Indian Constitution 🔗

The Indian Constitution, which came into force on 26 January 1950-just over a year after the UDHR’s adoption-is one of the most striking examples of the declaration’s influence. The architects of the Constitution, including Dr. B.R. Ambedkar, B.N. Rau, and others, drew from multiple sources: the American Bill of Rights, the British legal tradition, and importantly, the principles enshrined in the UDHR.

Part III of the Indian Constitution contains Fundamental Rights that closely mirror UDHR provisions. These include:

Right to equality (Articles 14-18): Guaranteeing equality before law, prohibiting discrimination on grounds of religion, race, caste, sex, or place of birth, and abolishing untouchability.
Right to freedom (Articles 19-22): Protecting freedoms of speech and expression, assembly, association, movement, and profession, along with protection against arbitrary arrest.
Right against exploitation (Articles 23-24): Prohibiting human trafficking, forced labour, and child labour in hazardous occupations.
Right to freedom of religion (Articles 25-28): Guaranteeing freedom of conscience and the right to freely profess, practise, and propagate religion.
Cultural and educational rights (Articles 29-30): Protecting the interests of minorities and their right to establish educational institutions.
Right to constitutional remedies (Article 32): Empowering citizens to approach the Supreme Court directly for enforcement of fundamental rights.

Notably, the Directive Principles of State Policy in Part IV of the Constitution cover additional human rights-such as the right to work, education, and public assistance-that correspond to the economic and social rights outlined in the UDHR. While these directives are not directly enforceable in courts, the Supreme Court of India has repeatedly used them to interpret and expand the scope of fundamental rights.

Judicial expansion of rights 🔗

One of the most remarkable aspects of India’s human rights framework is the role played by the judiciary. The Supreme Court has progressively expanded the meaning of Article 21 (Right to Life and Personal Liberty) to include rights not explicitly mentioned in the Constitution-such as the right to privacy, the right to a clean environment, the right to livelihood, and the right to education. In landmark cases, the Court has observed that the UDHR serves as a model code of conduct and that India’s constitutional provisions should be read in harmony with international human rights instruments.

The Protection of Human Rights Act, 1993 further strengthened India’s commitment by establishing the National Human Rights Commission (NHRC) and State Human Rights Commissions to investigate violations and recommend remedies.

The ongoing relevance of human rights 🔗

Despite the progress made since 1948, the promise of universal human rights remains unfulfilled in many parts of the world. Conflicts, authoritarian governance, systemic discrimination, and poverty continue to deny millions of people their basic entitlements. Even in democracies with robust constitutional protections, gaps persist between the rights guaranteed on paper and the lived reality of marginalised communities.

The philosophical debate also continues. Are human rights truly universal, or are they culturally specific products of Western Enlightenment thought? Can a framework rooted in Locke’s individualistic natural rights theory adequately address collective rights and communal well-being? These are questions that political philosophers, legal scholars, and activists continue to grapple with.

What remains clear is that the idea of human rights-whether grounded in natural law, moral reasoning, or international consensus-represents one of humanity’s most ambitious projects: the attempt to define a baseline of dignity below which no person should ever be allowed to fall.

What do you think? Can rights that originated in a specific philosophical and historical context ever be truly universal? And does the gap between constitutional guarantees and real-world practice mean we need better rights, or better enforcement of the ones we already have?

References

1. https://plato.stanford.edu/entries/locke-political/
2. https://www.britannica.com/topic/state-of-nature-political-theory/The-state-of-nature-in-Locke
3. https://www.nlnrac.org/earlymodern/locke.html
4. https://www.un.org/en/about-us/udhr/history-of-the-declaration
5. https://www.britannica.com/topic/Universal-Declaration-of-Human-Rights
6. https://www.amnesty.org/en/what-we-do/universal-declaration-of-human-rights/
7. https://en.wikipedia.org/wiki/Fundamental_Rights,_Directive_Principles_and_Fundamental_Duties_of_India
8. https://blog.ipleaders.in/human-rights-constitution-india/