Human rights – also known as “Rights of Man,” were asserted

against tyrannical governments.

Arose from the struggle of a man against injustices of despotic
rulers.
Theories of Sources of Rights:
1. Religious or the Theological Approach –Dignity of man as a
consequence of human rights.
Doctrine of Supreme Being – Man was created in the image of
God. Since rights come from a Divine source, they are inalienable
and cannot be denied by mortal beings (Man).
Brotherhood of men and equality in the eyes of God.
Brotherhood – respecting the rights of man. The dignity of human
person is realized through the love of fellowmen.
2. Nature Law Theory – Conduct of men must always conform to
the law of nature.
Embodies elementary principles of justice which were right
reason, in accordance with nature, unalterable and eternal.
T.A considered N.L as law of right reason in accordance with the
law of God, otherwise known as Scholastic natural law.
Natural law conferred rights upon individuals viewed as part of
the law of God.
Hugo Grotius – Father of International law, detached natural law
from religion but laid the basis of several forms of natural rights.
To live peacefully and in harmony with others whatever
conformed to the nature of men as natural human beings was
right and just.
Whatever is disturbing to social harmony is wrong and unjust.
Thus, the idea of human rights defers to whatever culture or
religion they belong to.
John Locke- envisioned human beings in a state of nature. They
enjoyed life, liberty and property which are deemed natural
rights.
First human rights document :
1. Magna Carta of England in 1215;
2. English Bill of Rights in 1689;
3. American Declaration of Independence in 1776.
When Nazi generals were prosecuted in Nuremberg Tribunal, for
offenses of mass killings of children, non-combatants and
genocide, the tribunal resorted to natural law. It superseded the
defense of “nullum crimen sine lege” or there’s no crime without
a pre-existing law punishing the same act.
Tribunal : The crimes committed were offenses against humanity
and there is no need of a law penalizing the acts.
The main characteristic of natural law is that natural law leaves
vague what is part of the law of nations and, therefore, is
inalienable.
3. Historical Theory – H.R are not deliberate creation or the
effort of man, but they have already existed from the common
consciousness of the people of what is right and just. E.G Customs
and Traditions.
4. The Functional or Sociological Approach – H.R exist as a
means of social control. H.R exist to serve the social interest of
society.
The essence of law is to satisfy the needs of the people.
Help for the unemployed, handicapped, underprivileged,
minorities and other disadvantaged groups.
5. The Positivist Theory – States that all rights and authoritiy
come from the state and what officials have promulgated.
The only law is what is commanded by the sovereign. The ssource
of H.R is to be found only in the enactment of law with sanctions
attached.
6. The Marxist Theory – Interest of society over an individual
man’s interest. Man must be subservient to the interest of Society.
7. Theory Based on Equality and Respect – Government must
treat all citizens equally. For this purpose the government must
intervene in order to advance general welfare.
Fair trial and access to courts, freedom of speech, religion and
assembly.
8. Theory Based on Justice – H.R served the ends of justice. The
liberties of individual can be achieved only in a just society.
Rights secured by justice are not subject to political bargaining or
to social interest.
No justice to system where there are social and economic
inequalities.
The general conception of justice is one of fairness and those
social primary goods such as opportunity, income and wealth and
self-respect are to be distributed equally.
9. Theory based on Dignity of Man – H.R means sharing values of
all identified policies upon which H.R depend on.
The most important values are respect, power, knowledge, health
and security.
The ultimate goal of this theory is a world community where
there is democratic sharing and distribution of values.
Also called as policy science approach.
10. Utilitarian Theory - every human decision is motivated by
pleasure and pain. The goal is to promote the greatest happinees
of the greatest number.
Everyone is counted equally. However, everyone is not treated
equally.