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Rights
PYQ  Liberal revolutions like American Revolution,
1. The debate on human rights is caught between the French Revolution led to recognition and
limitations of both universalism and cultural declaration of rights of man.
relativism. Comment. (2024,250W,20M)  Idea of right is based on individualistic nature of
2. Comment on Multicultural perspective on rights. man. Rights are protection given to a man to protect
(2023, 150W, 10M) himself from society and State.
3. Human Rights are complex and contested social  Ronald Dworkin says “Rights are Trumps”. It
practice that organises relations between means in any situation of conflict, right of man will
individuals, society and the State. Comment. prevail or trump, over any other consideration
(2022, 200W, 15M) including interest of State and Society.
4. Can there be universal conception of human
rights? Give your arguments. (2021, 200W, 15M)
5. Discuss the doctrine of 'rights as trumps'. (2019,
200W, 15M)
6. What do you understand by three generations of
Human Rights? (2018, 250W, 20M)
7. "The implementation of human rights is regarded
as a matter of changing the conduct of States."
Comment. (2016, 200W, 15M)
8. Comment on: Idea of Natural Rights. (2015,
150W, 10M)
9. Analyse the relationship between natural rights  Robert Nozick: “Rights are entitlements that man
and human rights. (2013, 150W, 20M) should possess”. It means there is no correlation
10. Examine the multi-cultural perspectives on between rights and obligations. Rights of man are
rights. (2012) obligation upon others. Rights are source of
11. Critically examine the cultural relativist approach empowerment for well-being of a person.
to human rights. (2010)
12. Comment on: "Real rights are a result of
performance of duty." (Mahatma Gandhi) (2008)
13. "Human rights are basic moral guarantees that
people in all countries and cultures possess,
simply because they are people." Explain the
statement. (2008)
14. Discuss the evaluation of the theories of human
rights from natural rights to collective and
environmental rights. (2002)

RIGHTS Theories of Rights

 Rights of man is a feature of modern times. Rights  Theory of Natural Rights

concept belongs to the liberal discourses. 1. Social Contract Tradition
2. Teleological Tradition.
 In ancient times there was no concept of Rights and
people had only duties.  Legal Rights Theory
 In medieval times, concept of ‘Divine Rights of  Conservative Theory of Rights
King’ was in existence as King was considered as  Functional theory of Rights
shadow of God.  Human Rights Theory.
 In modern times concept of Fundamental Rights of
man came into existence.

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Theory of Natural Rights  T.H. Green held that, “Human consciousness

postulates liberty; liberty involves rights; and rights
 It is an oldest theory of rights. It displaced theory of
demand State”.
“Divine Rights”. Its expression can be found in
 Therefore, according to teleological approach origin
American Declaration of Independence and French
of rights is in moral conscience.
Declaration of Rights of Man.
 Criticism: -
 John Locke is considered as originator of Natural
o Theory of Natural Rights has been criticized by
Rights Theory.
theory of legal rights, conservative theory of
 What’s the theme of
rights and functional theory of right.
Natural Rights
Theory? 2. Theory of Legal Rights
o According to it,
Exponents: Thomas
source of right is in
Hobbes, Jeremy Bentham
human nature or
Legal rights are rights which
natural law or God,
are enshrined in law and are
rather than State.
therefore enforceable through
Since State has not
the courts.
given these rights,
Hobbes
State cannot deprive a person from these rights.
o Thus, according to this theory, intuition • Man could not enjoy rights
(reason) rather than institution (State) is the in state of nature. In State of nature, might was right.
source of rights. Man only possessed power rather than rights. It was
o There are two approaches in Natural Rights only when State came into existence man was able
Theory. to enjoy his rights including right to life.
1. Social contract tradition Jeremy Bentham
2. Teleological tradition • Bentham in his book. ‘Anarchical Fallacies’ called
A. Social Contract Approach Natural Rights as nonsense, nonsense upon stilts. He
compares Natural Rights with language of terrorists.
Exponents: John Locke, Robert Nozick
Natural rights results into disorder.
 As per this approach right to life, liberty and
property are inalienable. • Therefore, Bentham believed that rights are creature
 State is under contract to respect these rights. of law.
 For social contract thinkers right is an entitlement • Note: -
or power against State. o The theory of Natural Rights represents US
 The origin of rights is in individual’s reason. tradition whereas legal rights represents British
tradition.
B. Teleological Approach
o For long theory of Natural Rights was
Exponents: Thomas Paine, T. overshadowed by Theory of Legal Rights.
H. Green, Immanuel Kant However, because of Hitler’s atrocities on Jews
 According to Thomas Paine, there was need for recognition of human rights.
theory of Natural Rights
should be based on some
• Hence theory of Natural Rights, revived in form of
theory of human rights.
better argument than
argument of social contract. 3. Conservative Theory of Rights
 Why? Exponents: Edmund Burke
o Thomas Paine believed that there is no
 Theme: The source of rights is in customs and
justification for enforcing contract made by
traditions. Man enjoys only those rights for which
previous generation.
there is sanction by society.
o Thomas Paine in his pamphlet ‘The Rights of
 Burke was also the critic of Natural Rights.
Man’ argued that Natural Rights should be
According to him, Natural Rights are “metaphysical
based on purpose of human life. For him natural
abstractions”.
rights are necessary conditions to live life as
human.

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 According to him, real source of rights is neither o It was realized that, 'Westphalian' (1648) State
natural law nor positive law. Rather real source of sovereignty has to be diluted to permit
rights is customary laws or common laws. international community to intervene in case of
 For eg. People in Britain enjoy lot of rights even violation of Human Rights.
without written constitution. It is because of  Human Rights reflect that State should exercise their
customs. sovereignty, responsibly over their people.
“Sovereignty is Responsibility”.
4. Functional theory of Rights
 State’s prime responsibility is protection of life,
Exponents: Harold Laski liberty. If State fails in its duty, then international
 Functional Theory of Right community has ‘Responsibility to Protect’ (R2P)
shows relation between rights  Theme of Human Rights -
and duties. o There are some basic rights. Human rights are
 According to this theory, rights inherent to all human beings, regardless
“Rights are claims not empty of race, sex, nationality, ethnicity, language,
of its duties”. religion or any other status.
 Even Gandhi's theory of o Human Rights include right to life and liberty,
rights is similar to Laski’s freedom from slavery and torture, freedom of
Theory of Rights. opinion and expression, the right to work and
education, and many more.
5. Human Rights Theory
o If these rights are not available then there will
 Human Rights are most energizing idea of our be no difference between humans and animals.
times. Human Rights are those rights to which Human Rights are represented by “International Bill of
people are entitled by virtue of being human. Rights”.
What constitutes this Bill?
1. Universal Declaration of Human Rights (UDHR)
(1948)
2. International Covenants on Civil, Political Rights
(1966)
3. International Covenants on Economical, Social and
Cultural Rights (1966).

 They are ‘modern and secular’ version of Natural

Rights.
 Origin of Human Rights:
o Human Rights have their origin under the
regime of Hitler during WW-2 period.
o “Final Solution” of Hitler during inter-war
period led to murder of more than 6 million
Jews, Gypsies and Slavs in extermination
camps on Nazi Germany.
 Besides these rights there are some other Human
Rights regime, also. These are,
1. Many UN conventions on Rights of Minorities,
children, labour, etc.
2. Regional Conventions eg. convention at EU level or
ASEAN level.
3. Multiple UN institutions like UNHRC, ICC.
4. Advocacy groups: eg. Amnesty International,
Human Rights watch.

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Salient features of Human Rights 3 Generations of Human Rights

 Karel Vasak: He has given concept of three
generations of human rights.
1. First Generation (Blue Rights) / (Civil Political
Rights) (16th Century to 19th Century)

Key Key Rights Key Documents

Theme
Liberty  Life, liberty and  UDHR
property (Article 3 to
 Non- 21)
discrimination  International
 Freedom from Covenants on
arbitrary arrest Civil,
Universal Human Rights belong to all the
 FSE Political
people.
Rights (1966)
Inalienable Human Rights cannot be taken
away. They are fundamental for
2. Second Generation (Red Rights)
human existence.
Inter-connected Human Rights are dependent on  Social, Economic and Cultural Rights) (20th
each other Century)
Indivisible Human Rights cannot be treated
in isolation. In the sense that civic KEY KEY RIGHTS KEY DOCUMENTS
and political rights are THEME
interrelated with socio-economic Equality  Right to  UDHR (Articles
and cultural rights.
work 22 to 28)
Non- Human Rights should be
discriminatory respected without prejudices.  Social  International
Theoretical Basis for Human Rights security Covenants on
 The argument of Human Rights is pronounced on  Health Econominal,
basis of 2 theories. Care Social and
1. Natural Rights theory: John Locke  Education Cultural Rights
 Human Rights are linked to  Paid (1966).
Natural rights because both are holiday
based on assumption that man
enjoys certain rights “ab initio” 3. Third Generation (Green Rights) / (Collective
(ie. from the start itself). They Rights) (Post 1945)
are not dependent on State. In KEY KEY RIGHTS KEY
contemporary times Jack THEME DOCUMENTS
Donnelly supports Lockean tradition of Human Fraternit  Right to self  UDHR
Rights ie. he treats human rights as entitlements. y Determinatio (Article 30)
2. Human Dignity Theory: Immanuel Kant n  Stockholm
 Immanuel Kant proposed  Peace Convention
concept of human dignity as  Development on Human
“Categorical imperative”. The  Environment Environmen
person enjoys rights because in protection t (1972)
absence of rights man cannot  Right to share  Rio Earth
live a dignified life. All in common Summit
humans deserve to be treated heritage of (1992)
with dignity. Therefore, under this theory human natural
right is based upon appeal to human dignity. In resources
contemporary times, Alan Gewirth supports
Kantian tradition of human rights.

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Modern Rights (Can be called 4th Generation Rights) 8. On role of transnational human rights organization
which are sometimes involved in illegal practices
• These rights primarily refers to digital rights,
bioethics, genetic rights, and cultural– and challenge the State’s sovereignty.
identity rights. 9. Human rights are also critiqued for the gap between
1. Digital Rights: Privacy, online freedom of principle and practice. States often sign treaties but
expression, right to internet access. Lawrence violate rights in the name of national security,
Lessig emphasized cyber-freedom vs. counter-terrorism, or development. For instance,
surveillance. UN recognizes internet access as freedom of expression is curtailed in many
part of freedom of expression.
democracies, and socio-economic rights like health
2. Bioethics & Genetic Rights: Ethical limits of
AI, biotechnology, genetic engineering. Francis and housing remain unfulfilled despite legal
Fukuyama in Our Posthuman Future warns guarantees.
against unregulated genetic manipulation
threatening equality. Criticism of Human Rights
3. Gender & Sexuality Rights: Moving beyond 1. From non-western world:
formal equality to real capabilities. Martha
Nussbaum (Women and Human Development)  Human Rights are often criticized for their
advocates capability-based freedom for women. association with liberal discourse. Rights given
Judith Butler (Gender Trouble) calls for under UDHR are based on ideology of liberalism.
recognition of LGBTQ+ identities and critiques
Western countries have not taken neutral perspective
heteronormativity.
4. Cultural & Identity Rights: Recognition of towards Human Rights.
indigenous peoples, refugees, climate migrants.  According to some scholars, actions of UNSC are
They highlights marginalized voices excluded also determined by western countries.
from earlier universalist rights discourse.  Human Rights is often seen as attempt by western
5. Environmental & Nature’s Rights: Extending countries to change regime in non-western
rights to ecosystems. These rights promotes
world. Human Rights wants to establish supremacy
“rights of Mother Earth,” already codified in
Ecuador and Bolivia. of western values and promote their narrow national
interest.
 Some scholars have linked Human Rights with
Controversies Related to Human Rights capitalism.
1. There is no agreement on when human life begins ie.  Western interventions in Kosovo, Iraq, or Libya
 At stage of conceiving or were justified in the name of human rights, but
 After birth critics like Noam Chomsky (The New Military
Therefore, there is a clash of rights of unborn child Humanism) argue that such interventions often mask
and rights of woman. geopolitical interests. The principle of
2. There is no agreement on definition of humans. “Responsibility to Protect” (R2P) introduced by the
Ie. whether terrorists or those committing heinous UN is itself controversial, as it gives powerful states
crimes can also be treated as humans. moral cover to interfere in weaker nations’ affairs.
3. No agreement on inventory of human rights. For
liberals, civil and political rights matter. For 2. Communitarian Perspective:
socialists, socio and economic rights matter.
4. Origin of human rights ie. what is source of  Michael Sandel opposes
Human Rights, nature, culture or human dignity. composition of western values as
5. Human Rights differ from State to State eg. universal set of rights. According
homosexuality, surrogacy and woman’s right to to Sandel, liberalism was based on
abortion. mistaken ethical values.
6. There is controversy regarding what should be 3. Cultural Relativist Perspective:
accorded more priority, human rights or national
security. Eg. Rohingyas.  It is also against universal perspective of human
7. Can Human Rights be extended to animals on rights. Leaders from Asian countries like Mahathir
account of right to life being natural rights. Mohamad call for recognition of “Asian Values”.

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4. Post-Colonial Perspective human beings, and when these duties are fulfilled,
individuals naturally enjoy certain rights.
 They noted that during colonial times, the same
Western powers that spoke of liberty and 5. Multiculturalist Perspective:
equality denied these very rights to their colonies.
 Will Kymlicka said, instead of Human Rights we
Thus, human rights in practice often reflected
should recognize special cultural rights for
power relations, where the Global South’s
minorities.
struggles for dignity, development, and self-
determination were sidelined. 6. Regarding advocacy groups:
 Edward Said, in his seminal work Orientalism  Advocacy groups of western origin like Amnesty
(1978), contributed indirectly to this debate by International or Human Rights watch have been
showing how the West constructed the East as accused of taking partial view. Their advocacy is
backward and inferior, justifying domination in the focused on right of insurgents and they
name of “civilizing mission.” This framing carried overlook Human Rights violation by insurgents of
into human rights discourse, where interventions in innocent citizens and armed forces.
the Global South are often presented as Conclusion:
humanitarian but sometimes reproduce old
 Human Rights politics is extremely complicated and
hierarchies. Said’s argument warns us that human
it contain many criticisms. However, it does not
rights can become a tool of cultural imperialism if
mean that there should not be universal regime of
not sensitive to context.
Human Rights.
 Edward Said held that non-western societies have
 We can take view of Bhikhu Parekh who held that
their own indigenous rights which differ from west.
any universal regime should not be based on single
For instance, Said noted that cultures such as Islam
value system, rather it should be an outcome of
have their own deeply rooted frameworks of rights
“dialogue among civilizations”.
and duties, but these are not recognized within the
dominant Western discourse. The Quran emphasizes
obligations of individuals towards God and fellow

Student Notes

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