All human rights are interdependent, indivisible, universal, and hence, related. Human rights are treated in the international community in an equal and fair manner, with the same emphasis, and on the same footing. Human rights are the universal birthright of every individual worldwide and are important to living as a Human being. The paper about human rights below provides a detailed analysis of the fact that human rights are a legal or moral aspect. Even though, the concept of human rights is contested with political, moral, as well as legal connotations, the paper will be related to the central question of whether being a legal or a moral right.
Is “human rights” primarily a legal or moral concept? Discussion
Primarily, human rights can be defined as a basic moral guarantee, which people globally from different cultures have simply as they are humans. The rights suggest that they attach to specific people and are frequently held to be universal in the sense that all humans should enjoy and have and be independent of their existence with the availability of standard criticism and justification of its implementation and recognition by legal officials or systems.
Therefore, human rights are moral principles and consist in the moral category primarily, which are protected regularly in international and municipal law (Fagan, 2020). They are commonly understood as fundamental, inalienable rights to which an individual is entitled regardless of their ethnicity, religion, language, location, origin, age, and any other status. Being universal, they are applicable every time to everyone.
Human rights with a moral doctrine aim at the fundamental prerequisites for identifying humans a minimally better life and thus, aims to identify the positive as well as negative prerequisites for leading a good life minimally, such as rights to health care and rights against torture. This aspect has been enshrined in various conventions and declarations of Human Rights and has been identified as a moral obligation of each globally, initiated by the Universal Declaration of Human Rights and then perpetuated by the International Covenant of Civil and Political Rights and the European Convention on Human Rights (Fagan, 2020). Therefore, human rights can be fully aimed to be a comprehensive moral doctrine.
Many philosophers have claimed human beings possess natural rights because they are humans. It has been stated in the naturalistic conception that says human rights are moral rights, which all humans possess at all places and times in virtue of their being human. The concept of human rights has also been stated by UDHR, which says that humans are born equal in rights and dignity and are free (Ghosh, 2021). This concept postulates an equal moral status notwithstanding cultural, social, and physical differences. Therefore, being morally equal, all humans deserve protection and will possess rationality and a need to integrate into society. The duties that are associated with human rights and its concept involve provision, facilitation, protection, and respect and are mandatory in imposing duties with a progressive realization. Feinberg in his idea of manifesto rights has declared human rights as a norm existing as justified moral norms supported by strong reasons and shared nom of actual moralities (Fagan, 2020).
Human rights are certain moral guarantees that examine the philosophical basis of developing the concept of human rights. Therefore, as per the analysis of the above paper, human rights are established as minimal rights that every individual has, irrespective of any cultural differences. It is stated as an existing moral reality with the norms of highly useful practices, which humans have evolved or constructed.
Fagan, A., (2020). Human Rights. Internet Encyclopedia of Philosophy. https://iep.utm.edu/hum-rts/
Ghosh, R., (2021). Human Rights: Some philosophical issues. Legal Services India. http://www.legalservicesindia.com/article/2401/Human-Rights-:-Some-philosophical-issues.html