QUESTION
WHAT ARE THE SOURCES OF HUMAN RIGHT?
INTRODUCTION
Human rights are the fundamental rights and freedoms that belong to every individual simply because
they are human beings. These rights are universal, meaning they apply to all people regardless of their
race, gender, religion, nationality, or social status. Human rights are essential because they protect
human dignity and ensure that individuals are treated fairly and equally in society.
Human rights are based on the belief that every person deserves respect, freedom, and the opportunity
to live a meaningful life. These rights help to create order and justice in society by guiding how
individuals relate with one another and how governments treat their citizens. Without human rights,
people may suffer oppression, discrimination, and injustice.
One of the most important aspects of human rights is that they are inalienable. This means they cannot
be taken away from a person except under lawful conditions. Human rights also emphasize equality,
which means every individual is entitled to enjoy these rights without discrimination. Governments,
organizations, and individuals all have a responsibility to respect and protect human rights.
Examples of human rights include the right to life, the right to freedom of expression, the right to
education, the right to freedom of religion, the right to personal liberty, and the right to fair hearing.
These rights help individuals to develop their potential and participate fully in society.
Human rights is a concept that has been constantly evolving throughout human history. They have been
intricately tied to the laws, customs and religions throughout the ages. Most societies have had
traditions similar to the "golden rule" of "Do unto others as you would have them do unto you." The
Hindu Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran (Koran), the Analects of
Confucius inter alia are five of the oldest written sources which address questions of people's duties,
rights, and responsibilities.' It is an established fact that the world today has accepted the notion that all
human beings are entitled to and are empowered for a dignified existence devoid of any form of
inhuman treatment. It is a common phenomenon that human beings everywhere demand the
realization of diverse values to ensure their individual and collective well-being. However and
regrettably too, these demands or rights are denied through exploitation, oppression, persecution in
many countries of the world which have today, metamorphosed into a question of international
recognition.
SOURCES OF HUMAN RIGHT
Sources of Human Rights are the origins or foundations from which human rights are derived,
recognized, and protected. They explain where human rights come from and how they are developed in
society. Human rights sources are tied to most philosophers, namely Naturalist and Positivist.
1. Natural Law:
Natural law teaches that human rights are inherent and belong to every human being simply because
they are human. Being human meant having innately rights not granted by any earthly authority.
Natural law is one of the oldest and most important foundations of human rights. These rights are
believed to come from nature, morality, or a higher universal order rather than from governments or
laws created by society. Natural law suggests that human rights exist naturally and should be respected
everywhere, regardless of culture, religion, or political system.
The concept of natural law can be traced back to ancient philosophers such as Aristotle and the Stoics,
who believed that there were universal moral principles that governed human behavior. Later, Roman
thinkers like Cicero developed the idea further by arguing that natural law is based on reason and is
common to all people. During the medieval period, scholars such as Thomas Aquinas linked natural law
to divine law, stating that natural law comes from God and guides humans to do what is right and avoid
what is wrong.
In the context of human rights, natural law plays a major role because it supports the belief that all
people are born equal and deserve certain basic freedoms. These rights include the right to life, liberty,
dignity, and justice. Natural law theory argues that these rights cannot be taken away by any
government because they are inherent in human nature. For example, if a government creates laws that
oppress or discriminate against people, natural law suggests that such laws are unjust and should not be
followed.
According to Cicero, these laws are the right reason in agreement with nature, it is of universal
application, unchanging and everlasting to summon duty by commands and averts from wrong doing by
its prohibition. Natural law strongly influenced modern human rights documents.
Any government that contradicts these rights puts an end to the trust of the people and the people are
entitled to resume their authority. These led to various revolutions of History which in turn gave rise to
various Bills of rights as witnessed in Magna Carta in England 1215, The Bill of Right n US Constitution
1791 and the declaration of Right of man in France 1789. The United States Declaration of
Independence, for instance, states that all men are created equal and are endowed with certain
inalienable rights. Similarly, the Universal Declaration of Human Rights recognizes that all human beings
are born free and equal in dignity and rights. These documents reflect the belief that human rights exist
naturally and must be protected by law.
However, natural law has also faced criticism. Some scholars argue that it is difficult to determine what
natural law truly represents because different cultures and societies may have different moral beliefs.
Others believe that human rights should be based on laws created by governments rather than abstract
moral principles. Despite these criticisms, natural law remains an important theory because it provides a
moral foundation for human rights and encourages the protection of human dignity.
According to Umuzurike, the foundation of human rights was ethical, moral, and was threatened by
political and legal concepts. For example human beings have a natural right to life which is an
inalienable right. We also have a right to speech, right to our private property and right not to be
censored.
See the case of Ese v. State (1987), Right to Fair Trial, The accused argued that the trial violated his right
to a fair hearing. The court upheld the principle that every accused person has the right to a fair hearing
under Section 36 of the Nigerian Constitution. Reinforced due process and the right to a fair trial in
Nigeria.
2. Positivist Law:
The philosophers believe that whatever qualifies as human rights are those which have become part of
the positive legal system and derive either from the will of the states or command of the sovereign.
Therefore international laws, customary laws, human rights not recognized and backed up by sanctions
do not create rights. According to Positivist, individuals enjoy rights according to the dictates of the
state.
According to John Austin law is a command from the sovereign backed by sanctions and to him anything
outside this definition is no law. Human rights only exist where there is recognition. Jeremy Bentham
equally supports the view to the extent that natural rights are real rights if capable of conferment.
Marxist regard human rights as ultimately determined by the condition of society economically,
politically, and morally. Positive school philosopher has expressed themselves in various ways:
a. International Law:
Human rights are also derived from agreements between countries. These agreements are called
treaties and conventions. International human rights law refers to the body of rules, principles, and
standards created by the international community to protect and promote the fundamental rights and
freedoms of all human beings across the world. It establishes obligations that countries (states) must
follow in order to respect, protect, and fulfill the rights of individuals. Human rights under international
law are rights that belong to every person simply because they are human. These rights are universal,
meaning they apply to everyone regardless of nationality, race, religion, gender, or social status.
International law ensures that governments do not abuse their power and that individuals are treated
with dignity and fairness. Examples include: Universal Declaration of Human Rights (UDHR), African
Charter on Human and Peoples’ Rights, Convention on the Rights of the Child (CRC), etc.
Soering v. United Kingdom (1989, European Court of Human Rights) Protection against torture and
inhuman or degrading treatment (Article 3, ECHR)The UK planned to extradite Soering to the U.S., where
he could face the death penalty, Extradition would violate his human rights under the ECHR, Extended
human rights protections beyond national borders; influenced extradition law globally.
b. Constitutions:
According to Hans Kelson. The legal system is made up of hierarchy of norms. They are traceable to the
highest norm which is the grund norm. In Nigeria, the grund norm is the constitution. Many countries
include human rights in their national constitutions. For example, the 1999 Constitution of Nigeria
guarantees fundamental human rights such as freedom of speech, religion, and movement.
The constitution is one of the most important sources of human rights in any country. It is the supreme
law that establishes the structure of government, defines the powers of authorities, and guarantees the
fundamental rights and freedoms of citizens. Through the constitution, human rights are formally
recognized and legally protected within a nation.
A constitution is a set of basic laws and principles that guide how a country is governed. It outlines the
rights of citizens and the duties of the government. Since it is the highest law, every other law must
agree with it. If any law violates the constitution, it can be declared invalid by the courts.
The constitution serves as a major source of human rights because it clearly states the rights that
individuals are entitled to enjoy. These rights are usually referred to as fundamental human rights or
fundamental rights. They include civil, political, economic, and social rights that protect individuals from
unfair treatment and abuse of power.
For example, in many countries including Nigeria, the constitution guarantees rights such as:
Right to Life – Every individual has the right to live and should not be unlawfully deprived of life.
Right to Dignity of Human Person Protects individuals from torture, slavery, and inhuman treatment.
Right to Personal Liberty – Protects individuals from unlawful arrest or detention.
Right to Fair Hearing – Ensures that every person has the right to a fair trial in court.
Right to Freedom of Expression – Allows individuals to express their opinions freely.
Right to Freedom of Movement – Allows citizens to move freely within their country.
Right to Freedom of Religion – Allows individuals to practice any religion of their choice.
Right to Freedom from Discrimination – Protects people from unfair treatment based on tribe, gender,
religion, or social status.
See the case of Oluwabukola v. A.G. Lagos State (2022) The Court of Appeal held that constitutional
rights can’t be overridden by other statutes, showing how constitutional human rights are the
foundational source of individual protections.
c. Legislation (Statutory Laws):
Governments make laws to protect human [Link] laws help enforce and regulate rights in society.
Legislation or statutory laws are one of the major sources of human rights. They refer to laws made by a
recognized legislative body such as the parliament or National Assembly. These laws play an important
role in defining, protecting, and enforcing human rights within a country. Statutory laws serve as a
source of human rights because they clearly state the rights and duties of citizens. Through legislation,
governments create laws that guarantee fundamental rights such as the right to life, freedom of
expression, freedom of movement, right to education, and right to fair hearing. These rights become
legally enforceable when they are written into statutes or Acts. In many countries, including Nigeria,
statutory laws help to give practical effect to human rights contained in the constitution. For example,
the 1999 Constitution of Nigeria provides for fundamental human rights and empowers courts to
protect those rights. Other laws such as the Child Rights Act and the Violence Against Persons
(Prohibition) Act also protect specific human rights and promote social justice.
Another importance of statutory laws as a source of human rights is that they provide remedies when
rights are violated. Individuals can go to court and rely on these laws to seek justice. Without statutory
laws, human rights would only exist as moral ideas and not as enforceable legal protections.
Furthermore, statutory laws help to adapt human rights to changing societal needs. Legislatures can
make new laws or amend existing ones to address emerging issues such as cyber rights, gender equality,
and child protection.
Savannah Bank of Nigeria Ltd. v. Ammel O. Ajilo & Anor. (1989) Supreme Court of Nigeria Land Use Act
1978 (a key statutory law regulating land rights in Nigeria). Whether a land transaction (mortgage)
validly took place without the Governor’s consent as required by the Act, The Supreme Court held that
statutory provisions requiring Governor’s consent for alienation of land must be followed — failure to
obtain this consent rendered the transaction void under the Act. This case shows how the court
interpreted a statute and enforced legislative requirements strictly, affecting property rights and
contractual obligations
d. Judicial Decisions (Case Law) Courts:
These are interpreted laws and decided cases involving human rights. Their decisions help explain and
expand human rights protections. Judicial decisions are a vital source of human rights. While
constitutions and treaties lay down formal rights, case law ensures these rights are interpreted,
enforced, and adapted to changing social contexts. By doing so, courts not only protect individuals but
also contribute to the evolution of human rights law. Judicial decisions are rulings made by courts in
specific cases. When courts interpret laws, constitutions, or international treaties in cases involving
human rights, these decisions create precedents. Other courts often rely on these precedents to guide
their rulings in similar matters, making case law a dynamic source of human rights. Judicial decisions are
rulings delivered by courts in specific cases. In cases involving human rights, courts examine the facts,
apply legal principles, and interpret statutes, constitutions, or international conventions. When courts
make decisions on human rights issues, they often create precedents. These precedents guide lower
courts and future cases, providing a consistent approach to protecting human rights. In this sense,
judicial decisions are not only reactive they actively contribute to the development of human rights law.
Judicial decisions are an essential source of human rights. They interpret broad legal provisions, enforce
protections, and adapt rights to contemporary realities. By providing remedies and creating binding
precedents, courts ensure that human rights are not merely theoretical but actively safeguard
individuals’ dignity and freedom.
As societies evolve, judicial decisions continue to play a central role in shaping, protecting, and
expanding human rights.
Zaki Biam Massacre Compensation (Federal High Court), In 2007, the Federal High Court, Enugu held
the federal government liable and awarded billions in damages to victims of the Zaki Biam massacre. A
security forces human rights violation, though it was later settled out of court. This case is often cited in
government accountability suits.
e. Customs and Traditions
These can be drawn from the historical school of thought. It was propounded by Von Savingny, he is
known as the popular theory of ‘volkgeist’. These meant laws should be a reflection of the culture of the
people. Some human rights come from cultural practices and traditional norms that promote fairness,
justice, and respect for individuals.
Human rights are the fundamental entitlements of every individual by virtue of being human. While
modern laws and international treaties formally recognize these rights, many of them have their roots in
the customs and traditions of societies. Customs and traditions, passed down through generations,
reflect the values, moral standards, and social norms of communities and often serve as a natural source
of human rights.
Customs play a vital role in promoting rights such as the protection of life and dignity. Many societies
have traditional rules that forbid harm or abuse, ensuring the safety and respect of every member. They
also promote equality, as some cultural practices guarantee access to land, inheritance, or participation
in decision-making regardless of status. Furthermore, traditions that encourage participation in
communal governance, conflict resolution, or social ceremonies uphold freedoms of expression and
participation. Social justice is also reinforced through customs such as communal support systems and
elder councils, which ensure fairness and protection for the vulnerable.
However, not all customs align with modern human rights. Some practices may discriminate against
women, restrict freedom of belief, or involve harmful rites. Therefore, it is necessary to critically
evaluate customs, preserving those that uphold human dignity while reforming those that violate basic
rights. When integrated with modern human rights principles, culturally accepted practices can
strengthen community support and enhance the effectiveness of rights protection.
Customs and traditions are an important source of human rights. They provide a cultural foundation for
fairness, justice, and respect for human dignity. By embracing positive practices and reforming harmful
ones, societies can ensure that human rights are both meaningful and widely respected. See the case of
Ukeje v. Ukeje (Supreme Court), Female Inheritance Rights. This is a leading case where the Supreme
Court of Nigeria held that customary rules in parts of Igboland that barred female children from
inheriting their father’s estate were unconstitutional and discriminatory. The Court based its ruling on
Section 42(1) & (2) of the 1999 Constitution, which prohibits discrimination on the basis of sex and other
personal attributes. The Court declared the custom void to the extent of its inconsistency with the
Constitution.
CONCLUSION
The sources of human rights are crucial because they give authority, protection, guidance, and
universality to human rights. They prevent abuse, promote equality, provide moral and legal standards,
and empower individuals and institutions to uphold justice. Without these sources, human rights would
remain abstract ideas, lacking the strength to influence real-world behavior or law.
REFERENCE
1. Human right by Simon Uchenna Ortuanya
2. Wikipedia
3. Human Rights law and Practice in Nigeria by Osita Nnamani Ogbu