Human rights stand as the universal principles designed to safeguard the intrinsic dignity and
inherent worth of every individual around the globe. These rights are indispensable for the
fulfillment of one’s potential, allowing for the development of intellect, conscience, and the
satisfaction of spiritual and other needs, free from discrimination or prejudice. At their core,
human rights are premised on the respect for the individual, regardless of nationality, place of
residence, gender, national or ethnic origin, color, religion, language, or any other status. They
are all-encompassing and inalienable.
Definition of Human Rights
Human rights are essentially the basic rights and freedoms that belong to every person in the
world, from birth until death. They apply regardless of where you are from, what you believe, or
how you choose to live your life. They can never be taken away, although they can sometimes
be restricted – for example, if a person breaks the law, or in the interests of national security.
These basic rights are based on shared values like dignity, fairness, equality, respect, and
independence. These values are defined and protected by law.
Types of Rights
Human rights are broadly categorized into two types: proscriptive and prescriptive rights.
● Proscriptive Rights refer to rights that the state must not infringe upon. These include the
right to life, privacy, dignity, freedom of religion, expression, and movement, among
others. Proscriptive rights demand that governments adopt a stance of non-interference,
ensuring that civil liberties are not obstructed.
● Prescriptive Rights necessitate active involvement by the state to safeguard individual
rights. These include judicial measures and actions to prevent human rights violations,
investigate breaches, and provide reparations. Prescriptive rights also cover the
fulfillment of political, social, economic, and cultural rights, such as the right to education,
healthcare, and participation in government.
Relationship Between Proscriptive and Prescriptive Rights
The distinction between proscriptive and prescriptive rights is pivotal, revealing the dynamic
nature of human rights. While proscriptive rights require non-interference by the state,
prescriptive rights demand positive action from the state to protect and fulfill these rights. This
relationship illustrates that securing even negative rights, such as the right to life and liberty,
may necessitate positive actions, including tax collection or conscription during wartime to
protect the nation and its citizens. The examples of tax levies for maintaining governmental
functions and the draft during World War II to protect the rights of the Philippines underscore
this intricate relationship.
Sources of Rights
Human rights derive from two primary sources: universal and relative.
● Universal Source of Rights posits that human rights are God-given, unwritten, and
prevail as social norms. This perspective argues that rights are endowed by nature or a
supreme being, or are derived from universal rational principles of justice and morality.
These rights are inherent, transcending time, place, and culture, based on the natural
impulse of humans to live in harmony.
● Relative Source of Rights (Realism) contends that human rights are man-made, created
by governments in response to state needs. This view emphasizes that human rights are
culturally specific and vary according to regional and societal contexts.
Conclusion
Human rights serve as the foundational pillars supporting the structure of a just and equitable
society. They embody the intrinsic dignity of the human individual, demanding respect and
protection from both state and non-state actors. The distinction between proscriptive and
prescriptive rights highlights the comprehensive responsibilities of governments in both
respecting and actively safeguarding these rights. Moreover, the dual sources of human rights
— universal and relative — reflect the diverse perspectives on the origins and applicability of
these rights. Ultimately, the pursuit of human rights is a pursuit of a world where every individual
can freely exercise their inherent rights and freedoms, contributing to the collective well-being of
humanity.